GOPAL RAO EKBOTE, J.

( 1 ) THIS revision petition arises out of an application filed by the second defendant (petitioner before me) under Order 9 Rule 13 C. P. C. The facts material for the purpose of appreciating the contentions raised before me are that O. S. 193/1957 was posted for trul on 2-1-1960. The second defendant filed an application for adjournment on that date. Rejecting his petition he was set ex parte After completing the recording of the deposition of p. W. 1 the trial court proceeded to deliver thejudgment. It is to set aside thar decree that the petititn was nied uudei Order y Rule 13 C. P. C by the second defendant. This petition was resisted by the plaintiff not only on merits but also on the ground that the decree passed on 2-1-1960 falls under Order 17 Rule 3 C. P. C. and as such no application under Order 9 Rule 13 C. P, C. lies. The trial court epbolding the contention of the plaintiffs dismissed the petition, It held that the judgment and decree dated 2-1-1960 tell under Order-17 rule-3 C. P. C. and. therefore no application under Order 9 rule 3 C. P. C. was maintainable It did not decide the application on merits dissatisfied with that order, the second defe

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