LAWS(RAJ)-1978-11-3

RADHEY SHYAM Vs. MST LALLI

Decided On November 29, 1978
RADHEY SHYAM Appellant
V/S
MST.LALLI Respondents

JUDGEMENT

(1.) This revision application has been filed against the order of the Additional Munsif No. 1, Jaipur City, dated August 10, 1971, setting aside an ex parte decree passed on January 11, 1971. ':

(2.) The argument of the learned counsel for the plaintiff-applicant is that no reasons have been assigned by the trial court for setting aside the ex parte decree.. It was also argued that sufficient cause for the non-appearance of the defendant should have been shown, not only in respect of the date on which the ex parte decree was passed but also for the date on which the ex parte order was passed against the defendant. In support of his second contention some observations made in L. Krishanlal Malhotra v. Madanlal, AIR 1950 Lah 43 have been relied upon.

(3.) An ex parte decree can be set aside under the provisions of Order 9, Rule 13 C.F.C, which runs as under:--