NARESH SHARMA Vs. RAMKISHAN GUPTA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution challenges the order dated 31.08.2012 of learned Addl. District Judge (Central-07), Tis Hazari Courts, whereby the application under Order 6 Rule 17 CPC filed by the petitioner/objector, was dismissed.

(2.) The respondent No. 1 filed a suit bearing No. 163/89 against the respondent No. 2, which came to be decreed ex parte on 2.5.1990. The respondent No. 1/Decree Holder filed the execution petition wherein objections were filed by the petitioner under Order 21 Rule 99 & 100 CPC. These objections came to be dismissed by the ADJ vide his order dated 27.9.2010. The petitioner filed appeal being EFA No. 20/2010 before this court, which came to be disposed by the consent order dated 12.1.2012, and the matter was remanded back to the Trial Court for disposal, after giving opportunity to the parties to lead their evidence. It was at this stage, that the petitioner filed the instant application under Order 6 Rule 17 CPC seeking amendment in his objections' application. The said application came to be dismissed by the learned ADJ vide impugned order dated 31.8.2012. The same is under challenge in the instant petition.

(3.) The main ground on which the impugned order is challenged is that the respondent No. 1/Decree Holder had obtained ex parte decree against the Judgment Debtor (respondent No. 2) by playing fraud upon the court in not getting Judgment Debtor served at the correct address, and also manipulating the report of the refusal on the summons. It was submitted that the Decree Holder had given the incorrect address of the Judgment Debtor, and he being not served at the given address, got him served by way of affixation, and ultimately, manipulated the service and got ex parte eviction order. It was submitted by the learned counsel for the petitioner that the sought amendments are relevant and necessary for the just decision of the controversy between the parties.