DEEPAK KUMAR TIWARI
Birbal S/o Gulab Prasad – Appellant
Versus
Mahipal Singh S/o Late Niranjan Singh – Respondent
ORDER :
1. The instant Civil Revision is directed against the order dated 26.7.2019 whereby application for restoration of MJC No.15/2014, which was an application under Order 9 Rule 13 read with Section 151 of the CPC and Section 5 of the Limitation Act, 1963, has been dismissed holding that there was no such provision for restoration of the said application, therefore, the application was held to be not maintainable and accordingly, the original application (MJC No.15/2014) also stood dismissed.
2. Facts of the case are that the respondents/decree holders had preferred a civil suit No.23-A/2010, which was decided ex-parte on 28.2.2014. So the petitioners moved an application under Order 9 Rule 13 read with Section 151 of the CPC on 29.10.2014 to set aside the ex-parte decree on the ground that the summons were not served on them, as they were living separately at Raipur and the plaintiff was aware about the said fact. When he came to know about the said ex-parte decree, he preferred an application along with Section 5 application (under the Limitation Act) for condonation of delay, which was registered as MJC No.15/2014. The said MJC No.15/2014 was dismissed for want of prosecution
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