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1974 Supreme(Pat) 23

SHIVESHWAR PRASAD SINHA
Firm Harnarain Rajnarain – Appellant
Versus
Tara Sinha – Respondent


Judgment

S.P.Sinha, J.

1. This is an application by the plaintiffs against an order by which the appellate court has allowed the opposite partys application under Order IX, Rule 13 of the Civil Procedure Code (hereinafter to be referred to as the Code) and set aside the ex parte decree dated 3-7-1968 passed in Money Suit No. 21 of 1967.

2. The facts lie in a short compass. The plaintiffs, who do business, claim to recover certain amount of money from the opposite party as price of goods having been supplied by them to the opposite party. The said suit was numbered as Money Suit No. 21 of 1967 of the court of Munsif, second court, Buxar. The defendants in the said money suit were three in number including the opposite party, Smt. Tara Sinha. The other two defendants were said to be the agents of the opposite party through whom the opposite party had received the goods from the plaintiffs. The suit was decreed ex parte on the 3rd of July, 1968. The opposite party thereafter filed a petition under Order IX, Rule 13 of the Code for setting aside the ex parte decree. This application was filed on the 15th of July, 1969, that is much beyond 30 days from the passing of the ex parte decree.
















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