GOPALDAS Vs. BUDDHSARAM

JUDGEMENT

(1.) This is a revision petition under Section 25 of the Provincial Small Cause Courts Act (hereinafter referred to as the Act) against the order dated 22-81975, passed by the Civil Judge, Class I, Shivpuri in Miscellaneous Civil Case No. 3/74, dismissing the application of the defendant/petitioner for setting aside the ex parte decree.

(2.) The plaintiff/non-petitioner obtained an ex parte decree against the defendant/petitioner on 26-7-1974 in Small Cause Suit No. 785 of 1972. The defendant/petitioner moved an application under Order 9, Rule 13 of the Code of Civil Procedure for setting aside the said ex parte decree. The ground taken for setting aside the decree was that nis uncle was ailing on that date and he had to go to Lashkar to see him in the hospital. Along with that application, the petitioner/defendant filed a security bond for the due performance of the decree, but it remained unverified. The trial Court registered the application as Miscellaneous Case No. 3 of 1974 and ordered issuance of notice to the plaintiff/non-petitioner.

(3.) The plaintiff/non-petitioner resisted the said application on the ground that there was no sufficient cause. From 3-12-1974 to 6-8-1975, different dates were given by the trial Court for recording the evidence. On 22-8-1975, on the application of the plaintiff/ non-petitioner the trial Court held that as the defendant/petitioner has not taken permission from the Court to file the security, therefore, the application under Order 9, Rule 13, Civil P. C. is not according to law and, therefore, it dismissed the application. Against that, the present revision is directed.