SAFDAR ALI Vs. KISHUN LAL

JUDGEMENT

(1.) This was a Rule calling upon the opposite party to show cause why the order of the Munsif declining to entertain the application of the petitioner on the ground that the same was barred by Rule 103, Order XXI, Civil Procedure Code, should not be set aside.

(2.) It appears that the petitioner's application in an execution matter was dismissed for default at 6 o clock in the morning in the beginning of the hot weather sittings. On the allegation that he was not aware of the change in the hour of sittings of the Court, the petitioner applied to the Munsif for a re-hearing of the proceedings. The Munsif dismissed the petition on the ground that the application for re-hearing was barred by Order XXI, Rule 103, and that the petitioner had no other course left to him than that of bringing a regular suit.

(3.) On appeal to the District Judge it was held that there was no appeal as the original suit was not open to appeal.