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Sharif HusaIn Vs. Haidar HusaIn and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in67Ind.Cas.320
AppellantSharif Husain
RespondentHaidar HusaIn and ors.
Excerpt:
civil procedure code (act v of 1908), order ix, rule 13, order xliii - order refusing to re-admit application to set aside ex parte decree--appeal. - - we allow the application accordingly and set aside, the order complained of the applicant is, in our opinion, entitled to his coats although the opposite party have, seen fit to enter no appearance, we allow him his costs including the fees certified by him.1. no appeal lay under the code or under any other law that we are aware of from the order of the first court refusing to re-admit and reconsider an application for the setting aside of an ex parts decree and restoration of the suit in which the said decree had been passed, which application the court of first instance had dismissed for default. the order of the appellate. court on this point is without jurisdiction. we allow the application accordingly and set aside, the order complained of the applicant is, in our opinion, entitled to his coats although the opposite party have, seen fit to enter no appearance, we allow him his costs including the fees certified by him.
Judgment:

1. No appeal lay under the Code or under any other law that we are aware of from the order of the First Court refusing to re-admit and reconsider an application for the setting aside of an ex parts decree and restoration of the suit in which the said decree had been passed, which application the Court of first instance had dismissed for default. The order of the Appellate. Court on this point is without jurisdiction. We allow the application accordingly and set aside, the order complained of The applicant is, in our opinion, entitled to his coats although the opposite party have, seen fit to enter no appearance, We allow him his costs including the fees certified by him.


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