RAM NATH SINGH Vs. JAGANNATH SINGH AND ORS

JUDGEMENT

(1.) The petitioner has filed this petition, impugning the order dated 14.03.2008 (Annexure P6), passed by the Additional District Judge, Bemetera, District-Durg, in Misc. Civil Appeal No. 14 of 2007.

(2.) The brief facts, in nutshell are that the petitioner filed a Civil Suit No.40-A/2005 before the Civil Judge, Class-II, Bemetara for partition, declaration, possession and perpetual injunction against the respondents No.1 and 2 (defendants). That suit was decreed ex parte by judgment and dated 30.11.2006. Thereafter, the respondents/defendants No.1 and 2 filed an application under Order 9 Rule 2 of the Code of Civil Procedure (for short 'CPC') for setting aside the ex-parte judgment and decree, which was registered as M.J.C.No. 1/2007. Learned First Civil Judge, Class-II, Bemetera, District Durg by order dated 09.10.2007 (Annexure P5) dismissed the M.J.C.No. 1 /2007, holding that the summons of the original civil suit were served upon the respondents/defendants No. 1 and 2 as they did not choose to appear, thus the ex-parte judgment and decree was passed.

(3.) Being aggrieved, the respondents/defendants preferred Misc.Civil Appeal No. 14/2007, which was allowed by order dated 14.03.2008, passed by the Additional District Judge, Bemetera, District - Durg. The petitioner/plaintiff has filed this petition impugning the order dated 14.03.2008.