JUDGMENT

1. Matter comes up on an application for early listing of the case.

2. Application is allowed for the reasons mentioned therein and with the consent of the learned counsel for the appellant-defendant, arguments have been heard and this Civil Misc. Appeal is being decided finally at this stage.

3. This appeal has been filed by the appellant-defendant against the order dated 9.4.2019 passed by Addl. District Judge, Chirawa in Civil Misc. Case No. 47/2018 (original suit no. 05/2016), whereby the application filed by the appellant-defendant under Order 9 Rul3 13 CPC for setting aside the ex-parte judgment and decree dated 15.12.2016, has been dismissed.

4. Facts of the case are that the respondent-plaintiff filed a suit No.05/2016 against the appellant-defendant for recovery of Rs. 95,000/-. Summons were issued. On 19.1.2013, appellant-defendant's Advocate put in appearance and filed Vakalatnama. The appellant-defendant neither filed written statement nor appeared on 25.4.2015. Resultantly the matter was proceeded ex-parte against him and on 15.12.2016 the impugned ex-parte judgment and decree came to be passed. Thereafter in the year 2019, he filed an application under Order 9 Ru