PATEL SHANKARBHAI VIRABHAI Vs. PATEL NARAYANBHAI AMBALAL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred by the petitioners - original defendants (judgment debtors) challenging the judgment and order passed by the Additional District Judge and Presiding Officer, 2nd Fast Track Court, Mehsana in Misc. Civil Appeal No.102/2006, whereby the Presiding Officer dismissed the Appeal preferred under Order 43 Rule 1(d) CPC confirming the orders passed by the Civil Judge (J.D.), Chanasma, below Exh.1 and Exh.4 preferred by the original defendants under Order 9 Rule 13 of CPC to set-aside an ex-parte decree passed by the Civil Judge in Regular Civil Suit No.29/1986.

(2.) Facts relevant for the purpose of deciding this petition can be summarised as under :-

(3.) Without going into any controversy in this regard for the present I may examine as to whether any error much less an error of law has been committed by the appellate court in dismissing the Misc. Civil Appeal No.102/2006.