BUDHAI NEPAL CHANDRA LALIT MOHAN SAHA FIRM AND ANOTHER Vs. SUDHANGSHU RANJAN DEV AND OTHERS

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 30 -9 -1972 by which the learned Sadar Munsiff No. 1, Silchar has set aside the ex parte decree dated 18 -5 -1965 passed in Money Suit No. 323 of 1964 and the execution proceedings in pursuance thereof.

(2.) THE facts leading to this petition may briefly be stated:

(3.) IN the application under Order 9, Rule 13, Civil Procedure Code, the petitioners (Opposite Parties Nos. 1 and 2 in this revision petition) contended that the summonses on the defendants Nos. 3 and 4 Sushendra Ranjan Dev and Sudhangshu Ranjan Dev were suppressed by defendant No. 1 Sashanka Sankar Dev, who is opposite party No. 2 in the Misc. Case and the petitioner No. 2 in this revision petition and that the summonses on the defendants Nos. 3 and 4 were not at all served. It was also stated that on 4 -12 -3964 and 18 -5 -1965 on which Money Suit No. 323 of 1964 was filed and decreed ex parte respectively defendant No. 3 Sushendra Ranjan Dev was a minor. The opposite parties in the Misc. Case filed objections stating that summonses were served on the defendants and defendant No. 3 was a major.