T. R. Handa, J.—The petitioner herein has invoked the revisional jurisdiction of this Court under section 115 of the Code of Civil Procedure to seek the quashing of the order dated 14-9-1979 recorded by the Sub-Judge, Kullu, whereby the learned Sub-Judge allowed the application of the respondent purporting to have been made under Order 9, Rule 13, C. P. C. and set aside the decree earlier passed in favour of the petitioner and against the respondent on 24th August, 1978.

2. The material facts which are relevant for the purposes of this petition are clearly borne out from the record and are beyond the pale of controversy. These facts show that the suit giving rise to these proceedings was filed by the petitioner-plaintiff against the respondent-defendant for the recovery of Rs. 26,507 66 on the basis of a pronote. The suit was filed in May, 1974. The respondent-defendant contested the suit and on the pleadings of the parties two issues were struck by the trial Court. The parties were thereafter called upon to produce their evidence in respect of their respective contentions. The petitioner-plaintiff closed its evidence on 7-1-1975 and thereafter the case had been adjourned fr