MANKTURAM AGRAWAL Vs. SHANKAR MAHAUTI

JUDGEMENT

(1.) FINAL order passed by the Civil Judge (Senior Division), Nuapada in Misc. Judicial Case No. 11 of 1996 and the confirming judgment passed by the Additional District Judge, Nuapada in Misc. Judicial Appeal No. 3/6 of 1997 -2000 is under challenge in this civil revision.

(2.) THE above noted Misc. Judicial Case No. 11 of 1996 was filed by the son of defendant No. 1, praying to set aside the decree passed by the Civil Judge on 27.4.1996 in Title Suit No. 5 of 1994. Plaintiff and defendant No. 2 were respective added as opposite parties 1 and 2. Plaintiff contested that Misc. Case both in the original Court so also in the appellate Court and the impugned judgments were passed rejecting the application under Order 9, Rule 13 of the Code of Civil Procedure, 1908 (in short, 'the Code) on the ground that the judgment which was delivered on 27.4.1996 is covered by the provision in Order 17, Rule 3 and therefore application under Order 9, Rule 13 of the Code is not maintainable. The total argument which the petitioner has advanced is that the judgment which was delivered on 27.4.1996 and the decree which was passed in the suit in the absence of the defendants is a judgment in accordance with the provision under Order 17, Rule 2 of the Code and therefore, application under Order 9, Rule 13 of the Code was illegally rejected by the Court below.

(3.) AS noted above, the revision -petitioner on 31.8.1996 filed application under Order 9, Rule 13, C.P.C., which was registered as M.J.C. No. 1 of 1996.