AMIN MOHD ISHAK Vs. ABDULSAKOOR

JUDGEMENT

(1.) THIS is a revision by Amin Md. Ishak against the order of the Small Cause Court Judge, Udaipur, restoring a, suit. which had been decreed ex parte against Abdul Sakoor-opposite party. The suit was for a sum of Rs. 6/- only and decree that was passed was for Rs. 5/- and costs.

(2.) THE facts which have led to this revision are these : THE decree was passed ex parte on the 28th of April 1950. On the 29th of April 1950 the opposite party appeared and prayed for restoration. THE reason which he gave for non-appearance on the 28th of April was that he was under the impression that the court would be held as usual from 11. a. m. , and appeared in the court premises on the 28th of April at 11. 15 a. m. But it seems that four days before court time had been changed to morning hours from 7 a. m. to 11 a. m. Consequently, the opposite party when he arrived on the 28th of April found that he was too late and the suit had been decreed ex. parte. He, therefore, made an application for restoration on the 29th of April 1950.