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1969 Supreme(All) 384

T. P. MUKERJEE, V. G. OAK
Majhauli Raj Education Society, Mahjhauli District Deoria – Appellant
Versus
Moti Lal – Respondent


Advocates appeared:
M.P. Singh, Advocate, for the Applicants; V.K.S. Chowdhry, Advocate, for the Opposite Party

JUDGMENT

V.G. Oak, C.J. - This Civil Revision by plaintiffs is directed against an order restoring an application for restoration of a suit. Majhauli Raj Education Society and another filed a suit against Moti Lal and others. The suit was decreed ex parte on 18-7-1958. On 11-9-1963 the defendants filed an application under Order 9, Rule 13, C. P. C. for setting aside the ex parte decree, and for restoration of the suit. This application for restoration dated 11-9-1963 was dismissed in default on 21-11-1964. On 9-1-1965 the defendants moved an application under Section 151, C. P. C. for setting aside the order dated 21-11-1964, and for restoration of the application dated 11-9-1963. This application dated 9-1-1965 was allowed by the Civil Judge, Deoria on 4-9-1965. The present Civil Revision by plaintiffs is directed against the order, dated, 4-9-1965.

2. Mr. M. P. Singh, appearing for the plaintiffs applicants urged before us that the trial court had no jurisdiction to restore an application for restoration which had been dismissed in default. It was urged for the applicants that the proper 1/remedy of the defendants was to appeal against the order dated 21-11-1964 under clause (d)

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