BANWARILAL Vs. NARAYAN SINGH

JUDGEMENT

(1.) HEARD the learned counsel of the appellant and learned counsel of the respondent No. 1. The only question involved in the present appeal is about starting point of limitation in filing an application under Order 9 Rule 13 C.P.C.

(2.) THE learned trial Court has rejected the application of the appellant on the ground that the limitation shall start from the date when the suit was dismissed against him. The learned counsel of the appellant has submitted that he being the defendant, the dismissal of suit will not amount to ex -parte decree. This point has already set at rest by order dated 8.5.1997 passed in Civil Revision No. 1019/96 of this Court.

(3.) THE learned counsel of the appellant has submitted that by bonafide mistake the application filed before the trial Court and in revision No. 1916/96 by order dated 14.10.1996 this" Court dismissed the revision on the ground that the petitioner ought to have moved the Court where the effective decree was passed.