( 1 ) THIS appeal was filed against the order dated 18-7-1991 in IA No. 581 of 1988 in AS No. 21 of 1987 on the file of the Subordinate Judge, Razole, which was filed to set aside the ex parte order dated 26-4-1988 and allow the respondent to defend the matter.

( 2 ) THE appellant has mentioned in the affidavit filed in support of the above IA, that the First Appeal No. 21 of 87 was filed against the order of the learned Principal District Munsif, Razole in OS No. 222 of 1973, which was filed for declaration of title over the property and the suit was decreed in favour of the appellant herein and the Government, which is the defendant in the suit filed appeal. When the appeal was posted for the appearance of the respondent therein on 26-1-1988 the appellant failed to attend and he was set ex parte and posted for hearing on 11-7-1988 and on 13-7-1988 the appeal was heard and disposed of on merits. Thereafter IA 581 of 1988 was filed under Order 41 Rule 21 of CPC to set aside the ex parte order dated 26-4-1988. After hearing the Counsel for the petitioner and the respondent, the Court dismissed the 1a and held that the decreetal order passed on 13-7-1988 that it is a well merited jud

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