USHA SINHA Vs. DINA RAM

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is filed by the appellant herein obstructionist ('appellant' for short) against the judgment and order dated July 4, 2006 passed by the High Court of judicature at Patna in Civil Revision No. 113 of 2004. By the said order, the High Court allowed the Revision filed by respondent No. 1 herein decree-holder ('respondent' for short) and set aside the order passed by the Sub-Judge VI, Purnia.

(3.) Short facts of the case are that the respondent filed a suit being Title Suit No. 140 of 1999 on April 10, 1999 against (1) Arun Choudhary, (2) Poonam Choudhary, (3) Sukhdeo Singh, (4) Shambhu Prasad, and (5) Binod Kumar in the Court of Sub-Judge VI, Purnia. During the pendency of the said suit, defendant No. 4- Shambhu Prasad and defendant No.5-Binod Kumar sold their share in the property in respect of which the suit was pending, to the appellant by a registered sale deed dated February 15, 2000. On May 24, 2001, ex-parte decree was passed against the defendants in Title Suit No. 140 of 1991. In the judgment rendered by Sub-Judge VI, Purnia, it was observed that though the defendants were duly served with the summons and there was publication of summons also in daily newspaper, the defendants did not appear. The case was fixed for ex-parte hearing vide an order dated April 10, 2001. The plaintiff and his witnesses were examined and on the basis of the said evidence, the suit was decreed. It was held that plaintiff had right and title over the suit land and he was entitled for recovery of possession of land shown in Schedule B.