MUKESH KUMAR Vs. BHOPAL SINGH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner is aggrieved against the order of the Trial Court dated 20th Aug. , 2002 by which the petitioner's application for setting aside the ex-parte decree, purported to have been filed under Order 9 Rule 13 C. P. C. , was dismissed.

(3.) SO far as the contention of learned counsel for the petitioner that the ex-parte decree passed under Order 37 can be set aside only under rule 4 of Order 37 C. P. C. and not by invoking powers under Order 9 Rule 13 C. P. C. is concerned, is well justified argument. The application filed by the petitioner- defendant has been titled as an application under Order 9 Rule 13 C. P. C. , but this itself cannot be a ground for rejection of the application and this application can be treated as application under Rule 4 of Order 37 C. P. C. provided there exists a ground for entertaining the said application under Rule 4 Order 37 C. P. C.