MOHANLAL AGARWALLA Vs. LACHMAN HALUOI AND ANOTHER

JUDGEMENT

(1.) THE point that arises for consideration in this revision petition is whether when a suit is disposed of on the merits by a considered judgment dealing with all the points and giving findings thereon, the same could be made the subject of an application for setting aside the decree under O. 9 R. 13 read with O. 17 R. 2 of the Code of Civil Procedure, or whether the judgment and decree could only be questioned by way of an appeal.

(2.) THE facts may be briefly noticed. The plaintiff brought a suit in respect of certain immovable property. The suit was, after taking evidence from both sides, dismissed by the trial court, namely, the Court of the Munsif, Dhubri. The matter was taken up in appeal by the plaintiff to the appellate court, which court remanded the matter to the trial Court for fresh disposal after taking further evidence adduced by both sides. The case was received back by the Munsiff Dhubri together with the records on 2 -8 -61, and the suit was posted for further hearing on a number of dates between 2 -8 -61 and 9 -8 -62 when it was finally disposed of, the suit being decreed. It would appear that except for entering appearance soon after the case was remanded to the trial court, the defendants would appear to have taken no action or steps in the case, and finally on 9 -8 -62, the learned Munsif disposed of the case on the merits after carefully considering all the evidence on record and after further examining the plaintiff. A lengthy judgment dealing with the contentions of parties, was written by the learned Munsif, who gave findings on all the issues arising in the case.