HARMADER SINGH Vs. MALKIAT SINGH

JUDGEMENT

(1.) PRESENT appeal has been filed against the order passed by the learned Additional District Judge, Moga vide which the appeal filed by the respondent-defendant for setting aside ex parte decree has been accepted.

(2.) THE respondent herein had filed an application under Order 9 Rule 13 of the Code of Civil Procedure (for short the Code) for setting aside ex parte on the following grounds :-

(3.) EVEN on issue No. 3 it was held that the application was barred by time and in view of the findings recorded on issue Nos. 2 and 3 the application was dismissed. The respondent-defendant filed an appeal against the said order. The learned Appellate Court accepted the appeal by observing as under :-