RAJARAM PAIGWAR Vs. STATE OF OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India has been filed by the petitioners/plaintiffs against the impugned order dated 05.07.2011 passed by learned X Additional District Judge, Jabalpur in Misc. Civil Appeal No. 17/2010 whereby the appeal of the respondents filed under Order 43 Rule 1 CPC has been allowed and the ex -parte decree passed in favour of plaintiffs/petitioners has been set aside by further directing the trial Court to proceed with the suit.

(2.) UNDISPUTEDLY , an ex parte decree was passed by learned trial Court on 6.12.2008 and an application to set aside the ex parte decree was submitted by respondents on 11.09.2009. This application was rejected by learned trial Court on 21.10.2010 and an application under Section 5 of the Limitation Act was also dismissed. The appeal which was filed by the respondents has been allowed by the impugned order.

(3.) ON the other hand, Shri Ganguly, learned Panel Lawyer appearing for the respondents argued in support of the impugned order.