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DIXIT
Chatar Das Guru Raghunathdas – Appellant
Versus
Keshavdas Guru Bikaridas – Respondent


Advocates Appeared:
For the Applicant : Mungre.
For the Respondent: Sahasrabudhe.

ORDER :

1. This is a revision petition from in order of the Civil Judge, First Class, Shajapur, allowing an application for review and setting aside an ex parte decree passed against the non-applicant. The decree was passed on 16-12-50. On 1-2-51, the defendant applied for a renew of the judgment and the decree of the trial Court on the ground that he was ill between the period from 10-11-50 to 25-1-51 and that, therefore, he could not appear in the Court on 15-12-50. The learned Judge found that the illness of the defendant non-applicant was a sufficient cause for his non-appearance and set aside the ex parte decree on that ground. He also observed that as the defendant non-applicant was contesting the valuation put on the suit by the plaintiff for the purposes of jurisdiction, it was desirable that the parties should be given an opportunity to "light out" the issue of jurisdiction.

2. Mr. Mungre learned Counsel for the applicant, argued that under O. 47, R. 1, a judgment or a decree can be reviewed only on the ground of discovery of new evidence, or a mistake or error apparent on the face of the record or for any oilier sufficient reason and that as in the present case, none of the






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