GURUVINDER PAL SINGH JUNEJA Vs. ANITA JAIN

JUDGEMENT

(1.) This Revision Petition has been preferred by the Plaintiff under Section 115 of the Code of Civil Procedure, 1908 (for short 'the CPC') questioning the legality and propriety of the order dated 27.04.2019 passed by the 7 th Additional District Judge, Raipur (CG) in M.J.C No.47/2019 by which learned Trial Court has allowed the application for condonation of delay filed under Section 5 of the Indian Limitation Act, 1963 (for short 'the Act of 1963') in filing the application for setting aside the ex parte judgment and decree under Order 9 Rule 13 of the CPC. The parties to this Revision shall be referred hereinafter as per their description in the Court below.

(2.) Briefly stated, the facts of the case are that the Plaintiff has instituted a suit claiming declaration to the effect that the registered deed of sale dated 30.03.2013 executed by him in favour of the Defendants be declared as null and void and also claiming injunction restraining them from interfering in his peaceful possession. The suit was registered as Civil Suit No.199-A/2015 and was decreed ex parte on 02.07.2016.

(3.) Being dissatisfied, an application enumerated under Order 9 Rule 13 of the CPC for setting aside the said ex parte judgment and decree was made by the Defendants on 04.09.2018 along with an application for its condonation of delay as provided under Section 5 of the Act of 1963 supported by an affidavit of one Manoj Jain. It is alleged in the application that the summons of the suit was never served upon them and came to know about the delivery of the said ex parte judgment and decree through said Manoj Jain when the photocopy of the same was provided to him by the Plaintiff before the revenue authorities on 08.08.2018. It is stated further that immediately upon knowing the said fact, they applied for obtaining the certified copy of the same on 09.08.2018 and in pursuance thereof, it was delivered on 25.08.2018 and then only they came to know about the delivery of the said ex parte decree.