RAM BHOOL Vs. PRITHI SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order of the District Judge, Gurgaon, dated February 19, 1990, whereby the order of the trial Court setting aside the ex parte decree was set aside and the ex parte decree dated February 12, 1988, was restored.

(2.) AT the time of the motion hearing, it was submitted on behalf of the petitioner that the order setting aside the ex parte decree under Order IX Rule 13 Code of Civil Procedure, (hereinafter called the Code) was not appeal able.

(3.) THE learned counsel for the respondent submitted that the decree was not ex parte as such and, therefore it could not be said to have been set aside under Order IX Rule 13 of the Code. It was further submitted that the decree was passed on merits.