RAKESH SINGH Vs. RAM MANDIR BALKHANDIDAS BABA TRUST

JUDGEMENT

(1.) In this writ petition under Article 227 of the Constitution of India, the petitioner has assailed the legality, validity and correctness of the order passed by the appellate Court on 22.7.2013 dismissing the petitioner's appeal which in turn was preferred against the order passed by the trial Court on 23.1.2012 dismissing the petitioner's application under Order 9 Rule 13 CPC for setting aside the ex- parte decree.

(2.) The petitioner was defendant in Civil Suit No.83-A/2001 instituted on 6.5.1996 by the respondent-Sri Ram Mandir Balkhandidas Baba Trust (henceforth 'the Trust') for the petitioner's eviction from the suit shop situated at Shyam Talkies, Bilaspur. On petitioner's absence despite service of notice by publication in the newspaper, the trial Court passed the ex-parte decree on 18.1.2002. The petitioner thereafter preferred an application under Order 9 Rule 13 CPC on 12.2.2002 for setting aside ex-parte decree. In this application for setting aside ex-parte decree the petitioner averred that he has never received notice of the suit, therefore, the decree has been passed without hearing him, which deserves to be set aside. The respondent contested the said application on the plea that despite repeated notices and thereafter substituted service by way of publication in the newspaper, the petitioner remained absent, therefore, the trial Court has no other option but to pass exparte decree which does not suffer from any illegality or irregularity.

(3.) I have heard learned counsel for the parties and perused the record.