- (1.) HEARD learned counsel for the parties.
(2.) THE present writ petition has been filed by the plaintiff-petitioner against the order dated 09. 01. 2006 passed by the learned Additional Civil Judge (Junior Division) No. 3, Kota (North), whereby the miscellaneous appeal filed by the defendant-non-petitioner against the order dismissing the application under Order 9 Rule 13, C. P. C. was allowed and the ex-parte decree dated 18. 07. 2003 has been set aside.
(3.) THE learned counsel for the petitioner has submitted that the learned Appellate Court has set aside the judgment of the learned trial Court and allowed the application merely on the ground that it is necessary in the interest of justice to afford an opportunity to the defendant to contest the suit on merits. The aforesaid application was allowed on the payment of costs of Rs. 1000/ -.;