S. CHANDRA SHEKAR Vs. S. GOVINDA

JUDGEMENT

(1.) The present petition is filed to set aside the order dtd. 25/1/2022 passed in Civil Miscellaneous No.7/2015 by the Principal Civil Judge and JMFC Court, Ballari, whereunder, the petition filed by the respondent No.1 under Order IX Rule 13 read with Sec. 151 of CPC, has been allowed and the ex-parte decree dtd. 24/2/2006 passed in O.S.No.44/2005 is set aside.

(2.) The peculiar facts leading to the present petition are that, the respondent No.2 filed O.S.No.44/2005 against the respondent No.1 for specific performance of the contract dtd. 24/2/2006, the petitioner was not arrayed as a party to the said suit.

(3.) It is the contention of the petitioner that, the respondent Nos.1 and 2 colluded with one another, due to which the respondent No.1 who has arrayed as defendant in the suit was placed ex-parte, consequent to which the suit was decreed by the trial Court. Thereafter, the respondent No.2 who sought to execute the decree, filed Execution Petition No.135/2006 and even in the said proceedings the respondent No.1 did not enter appearance and was served by paper publication.