GOVINDRAM Vs. LEKHU

JUDGEMENT

(1.) THIS is a revision by Govindram against the order of the District Judge, Ganganagar.

(2.) THE facts leading; to this revision are these. A suit had been filed by Govindram application against Lekhu in the court of the Civil Judge, Ganganagar, for Rs. 8000/ -. This suit was decreed Ex parte on the 17th Febr-ruary, 1950. When execution was taken out in September, 1950, the defendant opposite party, Lekhu, appeared and filed an application under O. IX R. 13 C. P. C. in the court of the Civil Judge and prayed for setting aside the Ex parte decree which had been passed against him on the ground that he had not been duty served and had no knowledge of the suit till he was served with the process in execution proceeding in September, 1950. THE Civil Judge dismissed this application and refused to restore the suit whereupon Lekhu defendant went up in appeal to the District Judge. When the matter come for hearing before that court, it was contended on behalf of the plaintiff that as the original suit, not of which this restoration proceeding arose, was valued at Rs. 8000/-, the appeal lay direct to the High Court under the Rajas-than Civil Court Ordinance (Amendment) Act (No. XIV) of 1951. THE District Judge repelled this contention and held that he had jurisdiction. He further went on to hold that there was sufficient cause for setting aside the Ex parte decree and sent the case back for retrial according to law.