MOHANI BAI Vs. SHAILESH JAIMAN @ SHAIL B. JAIMAN

JUDGEMENT

(1.) The petitioners by way of this writ petition challenges the order passed by the Board of Revenue dated 11.12.2018 whereby the revision petition filed by the petitioners against the order passed by the SDO dated 06.02.2018 has been rejected.

(2.) Learned counsel for the petitioners submits that the SDO has wrongfully allowed the application under Order IX Rule 13 CPC moved by the respondents on the ground that before passing of an order under Order IX Rule 13 CPC, the application under Section 5 ought to have been decided.

(3.) Further it is submitted that the reasons for setting aside the ex-parte decree were also not made out. Learned counsel submits that since the application was moved after eight (08) months of the earlier decree passed by the SDO and an application under Section 5 was also moved, the SDO ought to have passed separately order on the application under Section 5 and thereafter, could have dealt with the application under Order IX Rule 13 CPC. It is further submitted that the contention raised before the Board has been wrongfully examined and the Board has fallen in error in holding that the application under Section 5 would be deemed to have been rejected.