LACHHMI NARAIN Vs. MUSAMMAT BRIJ RANI

JUDGEMENT

(1.) This appeal has been filed as an Execution First Appeal from an order dated the 27 of January 1923.

(2.) A compromise decree had been passed in favour of the respondent against the appellant under which the respondent was entitled to recover a sum of money. The appellant filed a declaratory suit to avoid this decree as he was a minor. His suit was dismissed and an appeal was filed in this Court. An injunction was issued from this Court restraining the respondent from proceeding with the execution of her decree. On the 9 of August 1922 the Execution Court stayed proceedings and on the 10 of August it passed an order directing that the execution case should be struck off as the appeal might take a long time for disposal. It, however, ordered that the costs were to be borne by the decree-holder. On an application made by the decree-holder the Court modified its order on the 9 of October 1922 and directed that the decree-holder should get her costs but no notice of this application had been served on the present appellant.

(3.) On the 13 of October 1922 the present appellant applied for setting aside the order of the 9 of October 1922 on the ground that it had been passed ex parte and was not a just and proper order. After notice had been served on the respondent and she had put in objections the Court on the 27 of January 1923 dismissed the application for restoration saying that the previous order was one correcting an obvious error in the earlier order and that the Court could not change the order,