ABDUL HAI Vs. RAHATULLAH MIAN

JUDGEMENT

(1.) The petitioner was a defendant in Title Suit No. 79 of 1965 filed by opposite Party No. 1. Opposite Party No. 2 was another defendant in the suit. The suit was heard ex parte and a preliminary decree was passed on 19th April, 1956. Thereafter, steps for preparation of final decree were taken and final decree was passed on 5-10-1966. The petitioner filed an application under Order IX, Rule 13 of the Code of Civil Procedure (hereinafter referred to as 'the Code') for setting aside the ex parte decree, preliminary as well as final, passed against him on the allegation that he learnt about the decision in the suit on the 4th April, 1967 for the first time. The application was filed four days later on the 8th April, 1967.

(2.) The case of the opposite party No. I plaintiff is that the petitioner had full knowledge of the suit and summons was duly served on him on 27th July, 1965. The date of knowledge mentioned by the petitioner was also denied.

(3.) Both the courts below have decided the points against the petitioner and rejected his application for setting aside the decree. He has thereafter moved this Court by the present civil revision application.