E KRISHNA REDDY Vs. R PRITHVINATHAN

JUDGEMENT

(1.) This Civil revision petition is directed against the order of the District Munsif, Bhongir whereby he dismissed the petition to set aside the exparte decree Passed by the, the VII th Asst., Judge, City Civil Court, Madras.

(2.) The respondent herein obtained a money decree in O. S, 3536/74 on the file of the VII th Asst. Judge, City Civil Court, Madras. That was an ex parte decree against the petitioner herein. This decree dated 29-4-1975 was not transferred by the decree-holder to the Court of the District Munsif, Bhongir for execution. In E. P. filed before the District Munsif the decree-holder obtained an order for the arrest of the petitioner. at that stage the petitioner moved the District Munsif, Bhongir for setting aside the ex parte decree passed by the VII th Asst. Judge City Civil Court, Madras. That Petition was opposed by the decree holder contending that the executing Court has no Jurisdiction set aside the ex parte decree passed by the VII th Asst. Judge City Civil Court, Madras. This contention found favour with the District Munsif who dismissed the petition for setting aside the ex parte decree. Hence this revision petition.

(3.) The learned Counsel for the revision petitioner urged that as the decree is transferred for execution to the Court of Munsif, Bhongir, which can be said to be transferee Court an application to set aside an ex parte decree even lies before the Transferee Court. The contention in the same strain is that it is not necessary that the application under O.IX R.13 of the Code of Civil Procedure be made to the Court that passes the decree is competent to set is aside. The contention is that even a Transferee Court is competent to set aside an ex parte decree.