TULSI DASS Vs. SAFIA BEGUM

JUDGEMENT

(1.) SUIT was decreed in ex -parte by the trial court and during execution preceding an application was made under Order 9 Rule 13 for setting aside the ex -parte decree. The case of the petitioner before the Trial court was that he had no knowledge of the suit and he only came to know about the pendancy of the execution proceedings when the Nazir of the court came to his house, in his absence, for execution of the decree.

(2.) EVIDENCE was led by the parties before the trial court and on the basis of the evidence the trial court came to the conclusion that defendant -present petitioner had the knowledge of the suit and in terms of Order 5 Rule 17 of Civil Procedure Code, procedure Code, defendant had been served.

(3.) SINCE the trial court, on appreciation of evidence, led by the parties, has arrived conclusion that the defendant has knowledge of pendancy of the suit therefore, I have no option, in this revision petition, but to accept the conclusion arrived at by the trial court.