Law: Civil Procedure Code (V of 1908)

Section:  O. IX, r. 13, S. 151

Law: Limitation Act (IX of 1908)

Section: 164, 181

(a) Civil Procedure Code (V of 1908)  O. IX, r. 13, S. 151 and Limitation Act (IX of 1908), Art. 164 LimitationArticle 164, held, applicable to every application for setting aside ex parte decree regardless of whether reasons given for having ex parte decree set aside constitute sufficient cause as contemplated by O. IX. r.;13, C. P. C. or some other reasons furnished to pursuade Court to set it aside under S. 151, C. P. C.[Decree]. Article 164 of the Limitation Act, 1908 applies to every application for setting aside an ex parte decree regardless of the fact that the reasons given for having the ex parte decree set aside constitute sufficient cause as contemplated by rule 13 of Order IX, C. P. C. or some other reasons are furnished to pursuade the Court to set aside the ex paste decree in exercise of its inherent powers under section 151, C. P. C. If the intention of the framers of the said Act had been to confine the application of Article 164 to such applications only as are made for setting aside an ex parte order under Order IX, rule 13, they would have mentioned the said provisions in the first column of Article 164 but this was not done. It would, therefore, follow that they intended to apply Article 164 to all sorts of applications for setting aside the ex parte decrees. Abdullahbhai Ebraldmji v. Isabhai Najamuddin and others A I R 1932 Born. 634 ref. (b) Civil Procedure Code (V of 1908) 0. IX, r. 13 and Limitation Act (IX of 1908), Arts. 164 & 181Application for setting aside ex parte decree being specifically dealt with in Art. 164 residuary provisions of Art. 181, held, not applicable to such application.[Decree].                                                                                                                             JUDGMENT This revision petition has arisen out of a civil suit brought by respondent No. 1, Ahmad Yar…