SMT. SARASWATI (SINCE DECEASED REPRESENTED THROUGH HER L.RS. SH. MAHIPAL SINGH) AND SH. RAKESH KUMAR S/O LATE SH. SOHAN LAL Vs. SMT. SUSHILA RANI W/O LATE SH. KISHORE CHAND GUPTA

JUDGEMENT

(1.) Petitioners have filed present petition under Article 227 of the Constitution of India where by they have challenged order dated 1.10.2004 passed by Civil Judge, Delhi, vide which application under Order 9 Rule 13 read with Section 151 of Code of Civil Procedure (for short as 'Code') moved on behalf of legal heirs of Judgment Debtor (petitioners herein), was dismissed and also order dated 6th July, 2010 vide which their appeal was dismissed by Additional Sr. Civil Judge, Delhi.

(2.) Brief facts of the case are that, in 1982 Smt. Sushila Rani, respondent (who was plaintiff in the trial court), filed a suit for possession against Smt. Saraswati (defendant in the trial court) since deceased. Present petitioners are the legal representatives of Smt. Saraswati. Smt. Saraswati was duly served in the suit, but she did not appear despite service and as such was proceeded ex parte.

(3.) Vide judgment dated 30.8.1983 passed by Sh. Z.S.Solanki, Sub-Judge-III, Delhi, suit of respondent was decreed.