NATHU RAM Vs. GANGA BUX

JUDGEMENT

(1.) Nathu Ram sued Sunder Lal, Ganga Bakhsh and Ramadheen in the Court of Small Causes at Cawnpore for recovery of Rs. 267. Notice of the claim could not be served upon Ramadheen and he was exempted. Sunder Lal and Ganga Bakhsh in spite of service of summons did not contest the claim and an ex parte decree was passed against them on 6 January 1928.

(2.) On 5 December 1929, Ganga Bakhsh applied to the Court for setting aside the ex parte decree under Order 9, Rule 13, Civil P.C. Notice of this application was given to the plaintiff and 21 December 1929 was fixed for its disposal. On that date Ganga Bakhsh applied to the Court that as there were technical defects in his application, the same should not be treated as one under Order 9, Rule 13, Civil P.C., but should be considered as one for review of judgment under Order 47, Rule 1, Civil P.C.

(3.) The Court accepted this petition. It may be noticed here that the period of limitation for the review of a judgment by a provincial Court of Small Causes is fifteen days from the date of the decree or order under Art. 161, Lim. Act.