SAYAD ASIF MADANI Vs. MOHAMMED SAFI

JUDGEMENT

(1.) The instant revision petition has been filed against the order dated 26.10.95 passed by the learned Civil Judge (Junior Division) Udaipur (South), Udaipur by means of which, he has rejected the application moved by the revisionist under Sec. 151, Code of Civil Procedure for setting aside the ex parte decree dated 3.9.94.

(2.) Brief facts necessary to be noticed for disposal of the instant revision are that a suit of eviction was filed against the present revisionist in which his defence was struck off and against the said order, he filed an appeal before the learned District Judge, Udaipur, which was dismissed.

(3.) Against dismissal of the appeal, he filed a revision before this Court which was admitted and ad interim stay order was granted on 10.5.1994. It appears from the impugned order that the case was posted for orders on 27.7.94 and on that day, none was present on behalf of the respondent-plaintiff, who is non- petitioner here in the present petition. On 27.7.94. the ad interim stay order dated 10.5.94 was allowed to continue till further orders, which reads thus,-