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1978 Supreme(Raj) 130

D.P.GUPTA
Radhey Shyam – Appellant
Versus
Mst Lalli – Respondent


Advocates Appeared:
K.N. Tikku, for Petitioner; S.K. Keshote, for Respondent

D.P. GUPTA, J.—This revision application has been filed against the order of the Additional Munsif No. 1, Jaipur City, dated August 10, 1971, setting aside an ex-parte decree passed on January 11, 1971.

2. The argument of the learned counsel for the plaintiff-appellant is that no reasons have been assigned by the trial court for setting aside the ex-parte decree. It was also argued that sufficient cause for the non appearance of the defendant should have been shown, not only in respect of the date on which the ex-parte decree was passed but also for the date on which the ex parte order was passed against the defendant. In support of his second contention some observations made in L. Krishanlal Malhotra vs. Madanlal (1) have been relied upon.

3. An ex-parte decree can be set aside under the provisions of Order 9 Rule 13 C.P.C., which run as under;

"13. Setting aside decree ex-parte against defendant :—In any case in which a decree is passed ex-parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside, and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing








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