Yogeshwar Dayal, J.

( 1 ) THE present petition is directed against the order dated the 10th April, 1973, passed by the learned trial court declining stay of execution of an ex-parte money decree during pendency of an application under Order Rule 13 read with section 151 of the Code of Civil Procedure, which application was filed on the ground that the defendants were never served in the suit wherein the ex-parte decree was passed.

( 2 ) THE suit was filed for the recovery of Rs. 3894. 43 P. against the petitioners and it is alleged by the petitioners that summons were directed to be issued to the defencants for 10th March, 1971. In the meanwhile on 2nd of February, 19/1, an application was filed for amendment of the plaint to give description of defendant No. 1 as a registered firm and of petitioners Nos. 2 and 3 as partners of defendant No. 1. On 10th March, 1971, it is further alleged that without service of the said application on the defendants, the amendment was allowed and none of the defendant has been served. The notice was again directed to be issued for 19th April, 1971. It is further alleged that on 19th April, 1971, a false report of refusal of service was made on behal

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