D.L. MEHTA, J,—Defendant petitioner has preferred this revision petition against the order dated 5.1.87 passed by the learned Additional Civil Judge No. 4 Jaipur City, Jaipur in Civil Suit No 324 of 1986 whereby the application of the petitioner under order 37 Rule 4 for setting aside the expert decree passed on 5.9.1986 was rejected.

2. Plaintiff non petitioner instituted a summary suit under order 37 C.P.C. for the recovery of Rs. 5,233/- on the basis of the Cheques issued by the petitioner towards the payment of the loan. Cheques were dishonoured by the Bank. The cheques issued were of the date of 13th September 1984 and 15th October 1984. The petitioner closed his account earlier in September 1984. Mr. Mandhana appearing on behalf to the non petitioner submitted that the revision petition is not maintainable as the appeal lies under order 43 rule 1 (d). Sub clause (d) of Rule 1 C.P.C. is reproduced as under:—

"(d) an order under Rule 13 of order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed expert."

The necessary ingredient of this clause (d) is (i) that the application should be moved for setting aside the decree under Rule 13 of

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