RAM BHAROSE Vs. GANGA SINGH

JUDGEMENT

(1.) This is an application in revision against an order of a Small Cause Court Judge, dated 19 October 1929, restoring a case which was decreed ex parts.

(2.) The order of the Court below against which this revision is directed has not been placed upon my paper book, and I direct that a copy of the said order should be placed upon the paper book.

(3.) It appears that on 31 July an ex parte decree was passed against the defendant. Attempts had been made to effect personal service, but they were evidently infructuous, and in the last instance service by publications in a local newspaper was ordered. Some time in 1929 the defendant applied to the Court below for setting aside the ex parte decree on the ground that he had no notice whatsoever of the suit, and he came to know of the decree only four days back when execution was levied. The application was accompanied by an affidavit and by a surety bond. On 19 October 1929, when this application came for hearing, the learned Judge of the Court below was of the opinion that the security was sufficient for the decretal amount and that the ends of justice required that the case should be disposed of on the merits.