ORDER

This petition is filed by the plaintiff being aggrieved of the order dated 09.11.2019 passed in Civil Suit No.71-A/2015 by learned 18th Civil Judge, Class - I, Jabalpur allowing an application under Order 9 Rule 7 of the CPC read with Section 151 of the CPC filed by the defendants for setting aside the ex parte proceeding.

Shri Swapnil Paliwal, learned counsel for the petitioner submits that the matter was heard and was reserved for judgment and, therefore, an application under Order 9 Rule 7 read with Section 151 of the CPC was not maintainable.

Reliance is placed on the judgment of Hon'ble the Supreme Court in the case of Arjun Singh v. Mohindra Kumar and Others, AIR 1964 SC 993. Reading from paragraph 17 of the said judgment, it is submitted that principle of res judicata would have been applicable and, therefore, the trial Court was not entitled to hear and decide the application under Order 9 Rule 7 of the CPC and thus, the impugned order suffers from vice of illegality and should be set aside.

Shri Devendra Kumar Shukla, learned counsel for the defendants, in turn, submits that since the judgment and decree were not passed, the only option which was available to the