BHAGWAN KISHAN Vs. CHHOTELAL

JUDGEMENT

(1.) AN ex parte decree in favour of Bhagwan Kishan appellant, against one Mahadeo Shankar, was passed by the Civil Judge of Malkapur (C.P.) on September 20, 1945 for Rs. 3525/12/ - in civil suit No. 38 (B) of 1945.

(2.) EXECUTION was taken out Of the said ex -parte decree and the same was transferred for execution to the District Judge, Mhow. In execution case No. 49 of 1948, the District judge, Mhow issued a warrant of attachment of the property of the judgment -debtor on October 10, 1945. The same day, the judgment -debtor made an application to the District Judge praying that the attachment be stayed so as to enable him to make an application, to the Malkapur Court for setting aside the ex parte decree. On that application the District Judge, Mhow, passed the following order: - -

(3.) MAHADEO Shankar, the defendant (judgment -debtor) then applied to the Malkapur Court for setting aside the ex parte decree. His application was dismissed by the first court but on appeal, the District judge, Akola set aside the ex -parte decree by his judgment dated March 11, 1947. As a consequence, the suit was reopened and it was eventually decreed in favour of the plaintiff by the Court at Malkapur on June 30, 1947 in civil suit No. 38. (B) of 1945. The plaintiff was, however, aggrieved by that judgment on the question of interest. He preferred an appeal and that that was allowed by the District Judge, Akola, on Dec -9, 1947 in appeal No. 8 (B) of 1947 and to that extent the decree of the first court was modified.