MANOHAR SINGH Vs. JAGAN NATH

JUDGEMENT

(1.) THIS is the plaintiff's application in revision against an order of the S. D. O. Vallabhnagar dated 20. 12. 56 whereby he directed that the ex parte decree passed against the defendant opposite-party be set aside. The main contention of the learned counsel for the applicant is that the S. D. O. who was satisfied that there was no sufficient cause within the meaning of Or. 9 rule 13 C. P. C. for setting aside the ex parte decree acted illegally and with material irregularity in exercising his jurisdiction by invoking his inherent powers under sec. 151 C. P. C. to set aside the ex parte decree and therefore his order deserves to be set aside. It was also pointed out that the said application for setting aside the ex parte decree was also time barred and the S. D. O. had no power to enlarge the period of limitation by applying the provision of sec. 5 of the Limitation Act. These contentions are bound to prevail.

(2.) WE have examined the record ourselves and find that the learned S. D. O. has clearly stated in his order that there was no sufficient cause for setting aside the ex parte decree under Or. 9 rule 13 C. P. C. This being so he had no authority in law to invoke his power under sec 151 C. P. C. and ignore the aforesaid express provisions of law. Similarly there is no provision of law under which the period of limitation could be enlarged to admit an application under Or. 9 rule 13 C. P. C. which was not presented within the stipulated period of 30 days by applying sec. 5 of the Limitation Act. R. R. D. 1956 page 201 is an authority on this point The contention of the learned counsel for the opposite party that the costs having been accepted by the applicant he was stopped from contesting the validity of the order given by the trial court is in our opinion without any substance. Accordingly we allow this application and set aside the order of the learned S. D. O. .