P. B. MAJMUDAR, J.

( 1 ) BY filing this Revision Application under Section 115 of the Code of Civil procedure, the petitioner herein has challenged the orders passed by the executing Court below Exh. 1 and order dated 7. 4. 1998 below exh. 25 both in regular Darkhast No. 19 of 1997.

( 2 ) GUJARAT Electricity Board instituted a suit, being Civil Suit No. 70 of 1990, against one Patel Manilal Nagardas for recovery of Rs. 10,528-25 with interest at 15% p. a. . Learned Civil Judge J. D. , sidhpur issued summons returnable on 26. 4. 1990. Ultimately, by judgment and order dated 15. 1. 1991. learned Civil judge J. D. , Sidhpur decreed the suit of the plaintiff with cost and interest at 12% p. a.

( 3 ) AT this stage, it is required to be noted that the said Patel Manilal Nagardas expired on 26. 4. 1990, i. e. on the first returnable date. Yet, in paragraph 2 of the judgment and order passed by the learned trial Judge, it is observed that the defendant appeared and sought time often to file written statement and the Court granted time in the interest of justice but the defendant has not filed any written statement, the suit was ordered to he proceeded ex pane.

( 4 ) ON the basis of the sai

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