Judgment

U.C. Maheshwari, J.:-

The applicant/plaintiff/decree holder has directed this revision under Section 115 of CPC being aggrieved by the order dated 15.5.2007 passed by the District Judge, Jabalpur in Misc. Appeal No. 15/2007 whereby allowing the appeal of the respondent and reversing the order dated 23.4:2007 passed by 3rd Civil Judge Class- II, Jabalpur in M. J. C. No.57/06 dismissing the respondents application filed under Order 9 Rule 13 of CPC for setting aside the ex-parte judgment and decree dated 12.9.2006 passed in Civil Original Suit No.44-A/03 holding the same to be barred by limitation, the case has been remitted back to the trial Court with a direction to decide the aforesaid application of Order 9 Rule 13 of CPC on merits.

2. The facts given rise to this revision in short are that the applicant herein filed the eviction suit against the respondent/defendant in respect of nonresidential accommodation described in the plaint situated at Plot No.12/1 and 12/2 Block No.83, Jaiprakash Nagar (East) Marhatal, Civic Centre, Jabalpur. The summons of aforesaid civil suit was duly served on the respondent pursuant to that he appeared through counsel and also filed his writte