- (1.) THE petitioner, Food Corporation of India, was proceeded against ex parte and an exparte decree was passed against it on April 9, 1973. The corporation applied for setting aside the ex parte decree on February 2, 1974. which was resisted by the respondents. It is not disputed that the Corporation came to know about the ex parte decree on January 3, 1974 when Summons for the execution of the above decree was received by it.
(2.) THE trial Court framed the following three issues to decide the matter: (1) Whether there are sufficient grounds for the setting aside of ex parte decree dated 9-4-1973? O. P. J. (2) Whether the application has been filed by a competent person O. P. J (3) Whether the application has been filed within limitation?
(3.) THE trial Court decided issue No. 1 in favour of the Corporation but the remaining issues Nos. 2 and 3 were decided against it. In consequence of the same, the application for setting aside the ex parte decree was dismissed. An appeal was preferred by the Corporation which was also dismissed by Senior Subordinate Judge, and hence the present Revision petition.;