1. The appellant/defendant who was proceeded exparte in C.S. No. 1-A of 1987 by the Court of I Addl. Judge to the Court of District Judge, Sagar during the pendency of this suit itself on 16.10.90 moved an application u/o. IX rule 7 C.P.C. for setting aside the exparte order which was passed against her on 27.6.90. The said application was hotly contested by the plaintiff who had by then produced the evidence and was awaiting the judgment.

2. After hearing the parties, the learned trial Court came to the conclusion that as the case was fixed for delivery of judgment, nothing further was remained to be done by the parties, and application u/s. IX rule 7 would not lie. It, however, gave liberty to the defendant that the grounds raised in support of the application u/o. IX rule 7 C.P.C. can be raised in an application u/O. IX rule 13 C.P.C. Immediately after the ex parte judgment was delivered, the applicant/appellant moved an application u/O. IX rule 13 C.P.C. which was registered as M.J.C. No.3 of 1993. The said Court i.e. IV Additional Judge to the Court of District Judge, Sagar issued notice of the said application, to the plaintiff/respondent who again opposed the applicat