RAM DAYAL KARODILAL Vs. SHANKARLAL BHAGIRATH

JUDGEMENT

(1.) THIS is defendant's revision against order dated 10th May, 1979, passed by II Civil Judge, Class II, Gwalior, where by he has been denied opportunity to submit written statement in answer to the suit.

(2.) THE facts essential for decision of this revision are as under:

(3.) IN this revision, Shri P. R. Goyal, learned counsel for the defendant -applicant contended that once an ex parte decree is set aside in its entirety, all the defendants, whether they had submitted an application under Order 9, Rule 13, Civil Procedure Code or not, have a right to submit written statement. As such, the impugned order is illegal and without jurisdiction. Mr. R. C. Gupta, learned counsel for the plaintiff -non -applicant argued in support of the impugned order. Reliance was placed on the ratio of Mst. Surajkunwar v. Champalal : AIR 1961 Raj. 281.