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1950 Supreme(All) 217

AGARWALA, P.L.BHARGAVA
SAKHAWAT HUSAIN – Appellant
Versus
RAJJAB – Respondent


Advocates Appeared:
GOPAL BIHARI, K.B.ASTHANA

AGARWALA, J.


( 1 ) THIS is a defendants application in revision against an order of the Judge, Small Cause Court, agra, rejecting his application for setting aside an ex parte decree.

( 2 ) THE plaintiff opposite party sued the applicant for recovery of Rs. 149 as costs of a shed and rs. 122 as damages, that is, for recovery of Rs. 271 in all. The Court decreed the suit ex parte on 30-10-1946. When the decree was prepared, it only showed the amount decreed as Rs. 149 and a sum of Rs. 34-13-6 as costs. The decree-writer forgot to mention the sum of Rs. 122 which was claimed as damages and which was also decreed. On 13-1-1947, the defendant applicant made two applications to the Court, below. In the first application he prayed that as he intended to file an application for setting aside the ex parte decree passed against him on 30-10-1946, and as he had no cash he may be permitted to furnish a personal security bond of himself (shakshi zamanat khud ). The second application made by him was for setting aside the ex parte decree. Along with those applications, he also filed a security bond which purported to bind himself personally to pay a sum of 200 and also hypothecating certain imm











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