SUMERA Vs. MADANLAL

JUDGEMENT

(1.) Heard counsel.

(2.) The following passage is read out to us by Shri Ramji Sharma appearing for Respondent No. 1, from the judgment of their Lordships of the Supreme Court in the case of Rani Choudhury, AIR 1982 SC 1397 from para 3 of the report :

(3.) Counsel has submitted that in the instant case the petitioner having already availed the relief contemplated under O.9 R.13 he had exhausted the remedy to challenge ex parte decree and therefore the instant petition is not maintainable as in this petition the petitioner has challenged the order passed in the appeal.