JUDGMENT

Kendall, J. - The circumstances out of which this application has arisen are fully given in the order of the learned Munsif of Deoband. One of four defendants had made appearance in the suit on 18th April 1933 and the suit as against him was dismissed; but an ex parts decree was given against the other three defendants. One of them applied under Order 9, Rule 13 to have the ex parte decree set aside, and the Court, after fully discussing the merits of the case with the object of showing that the decree sought by the plaintiff against the four defendants was one and indivisible, set aside the whole decree. It is urged in support of the present application that the Court had no jurisdiction under Order 9, Rule 13 to re-open a decree that had been pronounced in favour of the applicant after contest.

2. I have been referred to three cases, in which a somewhat similar matter has come before three other High Courts, namely, Ghonnu Mal v. Sant Das (1913) 18 I.C. 327, Monoku v. Sita Ram (1894) 18 Bom. 142 and Mohini Chowdhurani v. N.N. Roy (1900) 4 C.W.N. 456. On the other hand there is an important decision by a Full Bench of this Court in the case of Bhura Mal v. Har Kishen (1902)