ARUN NARAYAN DEB AND ORS. Vs. M/S. BHARAT AIRWAYS LTD.

JUDGEMENT

(1.) THIS petition of revision arises out of an application under Order 9, Rule 13, C. P. C. for selling aside an ex parte decree. The application was disallowed by the Subordinate Judge, Lower Assam Districts.

(2.) ON behalf of the petitioners it is urged that the order of the learned District Judge is apparently illegal. The cause alleged for non -appearance not having been substantiated, the application for setting aside the ex parte decree could not have been allowed. Under Order 9, Rule 13, Civil P. C. an ex parte decree can be set aside only if the defendants are not served or if served when they show sufficient cause for non -appearance. Defendants in this case were served.

(3.) I agree.