ISHAR SINGH Vs. MUNICIPAL COMMITTEE, RUPNAGAR

JUDGEMENT

(1.) THE suit of the Petitioner was dismissed by the learned Sub Judge 1st Class, Roopnagar and its operational portion reads as under:

(2.) THE only argument raised by the Learned Counsel for the Petitioner was that as the decree -sheet had been prepared, the plaint of could not approach the trial Court for setting it aside under Order Rule 9, Code of Civil Procedure. It cannot be denied that the Plaintiff must have felt difficulty in construing the order of the trial Court but after the judgment of the lower appellate Court it was clear that the same was an order under Rule 2, Order 17 of the Code of Civil Procedure. Anyhow, this revision is allowed to the extent that the decree prepared by the trial Court is set aside and its order is declared to be one under Order 17, Rule 2, Code of Civil Procedure. The Plaintiff may, if so desired, now approach the trial Court for the setting aside of the exparte order. No costs.