JAGAT NARAYAN, C.J.—This is a revision application by the plaintiff against an order of Munsif, Kanore, setting aside an ex parte decree passed in his favour on 17-12-70.

2. The relevant facts are these. Badri Narayan, petitioner plaintiff, filed a suit against Panchayat Samiti. Dhariawad. valued at Rs. 2 822/- in the Court of Civil Judge, Udaipur. The pecuniary jurisdiction of Munsifs at that time extended only up to Rs. 2,000/-. Summons was duly served on the defendant, issues were framed and the evidence of the plaintiff was recorded in part on 17.4 70 by the learned Civil Judge. Both the parties were present in his Court on that date and the case was adjourned to 6-8-70 for completing the statement of Badri Narayan and for recording the evidence of his remaining witnesses.

3. Before 6-8-70 the pecuniary jurisdiction of Munsifs was extended to Rs. 5,000/- and this suit was accordingly transferred to the Court of Munsif, Kanore, by an order of the District Judge, Udaipur, dated 6-7-70. This order was recorded on the order-sheet of the file of the learned Civil Judge and the file was sent to the Court of Munsif, Kanore.

4. The file was put up before Munsif, Kanore, on 26-8-70 and on

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