HARPRASAD Vs. KISHORILAL

JUDGEMENT

(1.) HEARD on admission.

(2.) AN ex -parte decree is passed against one Harprasad. The decree was passed on 4.5.1994. An application for setting aside ex - parte decree and for condonation of delay in setting aside the decree was filed on 10.5.1995. The application under Order IX Rule 13, CPC and under Section 5 of the Limitation Act is not supported by an affidavit. Even then the Court entertained the application.

(3.) THE trial Court considered the question whether the petitioner was unable to move out of bed and was prevented by sufficient cause from not filling application for setting aside ex -parte decree before the Court within time.