ANANDA BEHERA Vs. NILKAMAL BEHERA

JUDGEMENT

(1.) THIS is a plaintiffs' application in revision to quash the order of the Subordinate Judge, Baripada dated 15-12-1973 setting aside an ex parte decree passed in a partition suit at the instance of the defendants in that suit. The grounds for setting aside the ex parte decree were that defendants 1 and 2 who were looking after the case on behalf of all the defendants were lying ill on the date of hearing of the suit which was posted to 16-3-1973. Evidence was adduced in support of the ground of illness. Ultimately the Subordinate Judge in the last paragraph of her order has stated as follows :

(2.) ORDER 9, Rule 13, Civil P. C. specifies the grounds on which an ex parte decree can be set aside. It provides that an ex parte decree may be set aside if the Court is satisfied that the summons was not duly served, or that the defendant was prevented by any sufficient cause from appearing when the suit was called on for hearing.