HIRA LAL Vs. RAM KUMAR AND SONS

JUDGEMENT

(1.) IN Small cause Suit No. 652 of 1948 the trial Court decreed the Plaintiff's suit ex parte with costs on 9 -7 -1948.

(2.) ON 10 -7 -1948, the Defendant applied under, Order 9, Rule 13, Code of Civil Procedure, for the setting aside of the ex parte decree on the ground that he as prevented by sufficient cause from appearing in the trial Court on 9 -7 -1948. On the same day the Defendant applied that be may be permitted to give such security for the performance of the decree or compliance with the judgment as the Court may direct and that he may not be required to deposit in Court the amount due from him under the decree or in pursuance of judgment. On 13 -7 -1948, the Defendant deposited the decretal amount in Court.

(3.) ON evidence examined at the trial on 11 -12 -1948, the trial Court came to the conclusion that the Defendant had been prevented by sufficient cause from appearing in Court on 9 -7 -1948.