( 1 ) THE petitioner- plaintiff has presented this petition under S. 115 of the Code of Civil procedure against the order dated 28th of April 1958, passed the Munsiff-Magistrate of Raichur in Case No. 11/2 of 1958 on his file.

( 2 ) THE facts leading up to this petition may shortly he stated as follows:

( 3 ) THE respondent - defendant obtained a money decree against he petitioner-of on 10th July 1957 in O. S. No. 237 of 1956 in the Court of the District Munsiff of Kavali of Andhra Pradesh. Since the petitioner - plaintiff resided within the jurisdiction of the Raichur Court , the decree-holder got the decree transferred to Raichur Court and started execution proceedings by a petition dated 11th April 1958. The petitioner-plaintiff than on 12. 4. 1958, filed a suit No. 11/2 of 1958 in the Court of the Munsif-Magistrate of Raichur for a declaration that the ex-parte decree obtained by the respondent -defendant against him was null and void and not execution of the decree until the decision of his suit pending in that Court. Though the plaintiff -petitioner did not specifically mention in the said persons the provisions of law under which it was made, it was however made clear durin

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