AMBARISH KUMAR SINGH Vs. BHILAI SCAN RESEARCH LIMITED

JUDGEMENT

(1.) This Civil Revision is filed against the order dtd. 5/12/2023 passed in MJC No.264/2023 by the Sixth Additional District Judge, Durg, whereby, an application preferred by the respondents/defendants under Rule Order 9 Rule 13 read with Sec. 151 of the CPC to set-aside the ex-parte judgment and decree dtd. 25/3/2022 passed by the Sixth Additional District Judge, Durg in Civil Suit No.10-A/2020 (Ambarish Kumar Singh V. Bhilai Scan and Research Limited and others), was allowed.

(2.) Brief facts of the case are that the applicant/plaintiff filed a Civil Suit on 24/1/2020 for recovery of the licence fee and eviction from the suit property, in which, an ex-parte judgment and decree was passed on 25/3/2022. Thereafter, the plaintiff filed an Execution Case for execution of the aforesaid judgment and decree. On 16/5/2022, notices were issued by the Executing Court. Thereafter, the respondents/defendants filed an application under Order 9 Rule 13 of the CPC to set-aside the ex-parte judgment and decree and the said application was allowed by the impugned order. Hence, this revision.

(3.) Learned counsel for the applicant would submit that the defendants have not shown sufficient cause for setting aside the ex-parte judgment and decree and moreover, they had also handed over the vacant possession of the suit premises to the plaintiff. Further, they did not prefer the application even within 30 days from the date of knowledge of the decree and also no application was filed for condonation of delay, therefore, the impugned order is bad in law. Hence, he prays to allow the revision and set-aside the impugned order.