Code of Civil Procedure, 1908–Order 9, Rule 13–Rajasthan Tenancy
Act, 1955–Sec. 88–Revenue suit for declaration of khatedari rights was decreed by SDO–Subsequently, he set aside the earlier order on the application under Order 9, Rule 13–Order set aside by BOR–Justification–SDO passed the order after hearing both parties but it was without service of notice and in absence of authorised pleader–Hence, SDO rightly entertained the application under Order 9, Rule 13–Report of process server showing that none of defendants were residing at the address given in notices–Decision of BOR is not based on proper appreciation of evidence–Impunged order passed by
BOR is liable to be set aside.
