BABAJI CHARAN JENA @ BISWAL Vs. GOKALI BISWAL

JUDGEMENT

(1.) THIS Civil Revision arises out of an appellate order of the learned Subordinate Judge of Jagatsinghpur passed in Misc. Appeal No. 8 of 1983.

(2.) TITLE Suit No. 36 of 1980 of the Court of Munsif, Jagatsinghpur was decreed ex parte. For setting aside the ex parte decree, an application under Order 9, Rule 13, Code of Civil Procedure was filed. The said appellant. On was registered as Misc. Case No. 71 of 1982. The trial court being satisfied about the sufficiency of the cause, set aside the ex parte decree. An appeal was carried against the order setting aside the ex parte decree on the ground that the Misc. Case was filed much beyond the period of limitation for which there was no sufficient cause. The appellate court has interfered with the order of setting aside the ex parte decree.