MAHADEV PRASASD Vs. MANSA RAM

JUDGEMENT

(1.) ADMIT.

(2.) HEARD learned counsel for the parties.

(3.) BRIEFLY stated facts of the case are that non petitioner No. 1-Mansa Ram filed an application under Section 6 of the Rajasthan agriculture Debt Relief Act, 1957 in the trial court against petitioner Mahadev Prasad as well as Mangala Ram. The trial Court presumed the service of the application on the petitioner as sufficient and passed an ex parte order and ultimately an ex parte decree was passed under Section 6 of the Act vide order dated 7th October, 1995. The petitioner filed an application under Order 9, Rule 13 for setting aside the ex-parte decree in April, 1996. The trial Court dismissed the application vide its order dated 2nd April, 1998 on the ground that the petitioner had knowledge about pendency of application under Section 6 of the Act. Being aggrieved with the same, an appeal was preferred but the same was also dismissed. Hence this revision petition before this Court.