KARTAR SINGH Vs. JAGAT SINGH AND ORS.

JUDGEMENT

(1.) THIS petition for revision came up for hearing before Gurdev Singh, J., on 2nd December, 1969. The learned Judge, in view of the conflict of authority, directed that the petition be heard by a larger Bench. The petition then came up for hearing before Pandit and Sandhawaha, JJ.. on 19th November. 1970. The learned Judges formicated the following two questions of law:

(2.) AT the time when the reference order was passed, the decision of the Supreme Court in Shankar Ramchandra Abhyankar v. Krishnaji Dattatraya Bapat : A.I.R. 1970 S.C. 1, though reported, was not brought to the notice of the Division Bench. In our opinion, this decision really concludes the matter. The narration of facts will bear this out.

(3.) THE application under Order 9, Rule 13, Code of Civil Procedure, for setting aside the ear -parte decree came up for hearing before the Subordinate Judge, II Class, Gurdaspur, on 17th July, 1969. The learned Judge held that the decree which was sought to be set aside having merged in the decree of the Additional District Judge there was nothing which he could set aside. In this view of the matter he rejected the application. Against this order an appeal was preferred to the District Judge, Gurdaspur, by Kartar Singh alone. Jagat Singh Plaintiff, Defendants 2 to 6 in Jagat Singh's suit, Hamam Kaur, the Collector and Bachan Singh were made Respondents. This appeal was rejected in limine by the learned District Judge on 18th of August, 1969. The learned District Judge relied on Balbhim Rao v. Alkh Murarilal, A.I.R. 1954 M.B. 4. Against the decision of the learned District Judge, the present petition for revision has been preferred in this Court.