M R VENKATARAMA AIYAR Vs. NATARAJA AIYAR

JUDGEMENT

(1.) A decree was passed exparte agaipst one Nataraja Aiyar. He applied to set aside the exparte decree on the ground that the summons was not duly served and that he had sufficient cause for not appearing. Without finding on either of these questions, the Subordinate Judge set aside the exparte decree. Mr. Rama-chandra Aiyar supports the order on the ground that a Judge is, in a proper case, entitled to set aside an exparte decree for reasons other than those referred to in Order IX Rule 13. Before, however, deciding the case, we direct the Subordinate Judge to return findings on the following questions: (1) Was the summons duly served ? (2) Was the defendant prevented by any sufficient cause from appearing when the suit was called on for hearing?

(2.) The findings should be submitted within six weeks from this date after taking fresh evidence; and seven days will be allowed for filing objections.

(3.) In compliance with the order contained in the above judgment, the Lower Court submitted that the summons was duly served and that the defendant s pleader was prevented from appearing in court in time as the Judge had changed the usual practice of the court by taking up original work before small cause suits.