GOBARDHAN DAS Vs. MTJAI DEVI

JUDGEMENT

(1.) This is a petition in revision by Gobardhan Das whose defence was struck off and an ex parte decree against whom was passed by the learned Munsif of Hathras.

(2.) A preliminary point is taken that no-revision lies. It appears that after the learned Munsif had passed an ex parte decree against the defendant, the defendant took the matter in appeal to the learned District Judge. The learned District Judge considered the. merits of the case and was of opinion that the order complained of had been properly passed. The Judge accordingly dismissed the appeal.

(3.) The proper remedy of the applicant was to file a second appeal. When this was pointed out, the learned Counsel for the appellant asked permission to amend the heading of his petition so that it might be treated as a second appeal from a decree and he offered to pay the court-fees. In order to find out whether we should allow all this to be done, we looked into the merits of the case and having discovered that there were no merits, we refuse to allow the amendment to be made.