Judgment.-This is a petition to revise the order of the District Judge, Krishna at Masulipatam, dated 21st November, 1949, in C.M.A.No. 26 of 1949 restoring C.M.P.No. 383 of 1949 a petition to set aside the ex parte decree in O.S.No. 164 of 1946 a suit involving some Rs. 4,000 on the file of the Sub-Judge, Vijayawada. The Additional Subordinate Judge, Mr. Narayanamurthi, decreed the suit on 10th December 1948, and he considered that he had decided the suit on merits on the evidence available. The civil miscellaneous petition was filed on 27th December, 1948 and was dismissed by the Additional Sub-Judge on 9th April, 1949, on the ground that an application under Order 9, rule 13, Civil Procedure Code, would not lie as it was not an ex parte decree. The District Judge held that Order 9, rule 13 Civil Procedure Code, would apply to the decree in the facts of the case and remanded the civil miscellaneous petition for disposal on merits directing the costs in the civil miscellaneous appeal to abide the result in the lower Court of the remanded civil miscellaneous petition.

The facts are rather interesting. The defendant, Yellayya Chetti, was present with his vakilin the Sub-Court on 9th

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