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Judgment
3 paragraphs · 248 wordsS.C. Mohapatra, J.—This Civil Revision arises out of an appellate order of the learned Subordinate Judge of Jagatsinghpur passed in Misc. Appeal No. 8 of 1983.
Title Suit No. 36 of 1980 of the Court of Munsif, Jagatsinghpur was decreed ex parte. For setting aside the ex parte decree, an application under Order 9, Rule 13, CPC was filed. The said appellant. On was registered as Misc. Case No. 71 of 1982. The trial court being satisfied about the sufficiency of the cause, set aside the ex parte decree. An appeal was carried against the order setting aside the ex parte decree on the ground that the Misc. Case was filed much beyond the period of limitation for which there was no sufficient cause. The appellate court has interfered with the order of setting aside the ex parte decree.
The only point that has been urged before me by Mr. S.K. Dey, the learned Counsel appearing for the Petitioner is that no appeal has against the order of setting aside the ex parte decree under Order 9, Rule 13, CPC though an appeal lies for refusal to set aside an ex parte decree. This is the clear provision under Order 43, Rule 1(d) of the Code of Civil Procedure. The learned Subordinate Judge exercised his appellate power which is not vested in him under law. Accordingly, the Civil Revision is allowed. As the opposite party has not appeared, there will be no order as to costs.