LAWS(J&K)-1963-8-7

USTA KHALIK KHAR Vs. GHULAM MOHAMAD BHAT

Decided On August 22, 1963
Usta Khalik Khar Appellant
V/S
GHULAM MOHAMAD BHAT Respondents

JUDGEMENT

(1.) THIS is an appeal against an order of the City Judge Srinagar refusing to, set aside an ex parte decree passed by his predecessor.

(2.) THE facts giving rise to the present appeal may be briefly summarised as follows:

(3.) IN support of the appeal Mr. Bhan submitted that the order of the trial Court passing ex -parte decree against the Appellant could not be construed to be one under Order 17, Rule 3 Code of Civil Procedure but would be an order under Order 17, Rule 2, Code of Civil Procedure and, therefore, the provisions of Order 9, Rule 13 Code of Civil Procedure would apply. In support of his argument he has relied on: