BIHARILAL AGARWALA Vs. RAMESH KUMAR RATH

JUDGEMENT

(1.) This revision is directed against an order directing abatement of a proceeding under Order 9, Rule 13 of the Civil P. C. for getting aside an ex parte decree.

(2.) Opposite Parties 1 to 3 filed Title Suit No. 6 of 1972 for a declaration that they and opposite party No. 4 (pro forma defendant No. 2) and one Parbati (pro forma defendant No. 3) had right title and interest in the suit property and for confirmation of possession of the aforesaid person and in the alternative for recovery of possession in case they were found to be dispossessed.

(3.) After a chequered career the suit was posted for hearing on 19-9-78. As the defendants did not appear when the suit was called on for hearing, ex parte hearing was taken up and the ex parte decree was passed on 22-9-78 declaring the right, title and interest of the plaintiffs. The ordering portion runs thus:-