ASSAM AND NAGALAND HIGH COURT
, J
Muzammal Hussain v. Chaganlal Jai
| Table of Content |
|---|
| 1. court's interpretation of ex parte decree. (Para 1) |
| 2. arguments on the nature of the decree. (Para 2) |
| 3. court's reliance on prior case law for interpretation. (Para 3 , 4) |
1. This is a revision under S. 115, Civil Procedure Code on behalf of the plaintiff challenging the order of the Subordinate Judge granting an application for setting aside an ex parte decree passed on the 20th February, 1963. The suit came up for hearing on the 21st December, 1962. On that date a joint application was made for adjournment of the case as there was some talk of compromise. On 20th February, 1963 the plaintiff appeared with his witnesses but as the defendant was not there, it was ordered that the suit should proceed ex parte. Then the evidence on behalf of the plaintiff was taken and the following order was passed : -
"Examined one P. W. Claim prima facie made out. Suit decreed ex parte for ejectment and recovery of Rs. 1110 against the defendant with costs.''
On the same day later on at 11-45 A.M. the counsel for the defendant made an application for an adjournment of the case on the ground that the parties have entered into the agreement and as the defendant was under the impre
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