J.N.BHATT - (1.) A short but interesting question which has come up for adjudication in this revision under Section 115 of the Code of Civil Procedure 1908 (Code for short) is Whether an appeal is competent from an order granting an application for an order to set aside the decree passed ex parte under Order 9 Rule 13 of the Code under Order 43 Rule 1 of the Code ?
(2.) The petitioner is the original defendant against whom the respondentoriginal plaintiff filed Regular Civil Suit No. 90 of 1983 in the court of Civil Judge (J.D.) at Valsad for possession of the rented room. The parties are hereinafter referred to as arraigned in the plaint for the sake of convenience and brevity.
(3.) In the suit summons could not be served by the plaintiff on the defendant despite several attempts. Therefore the plaintiff had requested the court to serve the defendant with summons by substituted service. The Trial Court had granted such request of the plaintiff and the defendant was served by substituted service. Therefore the case proceeded and the suit was decreed ex parte.;