DEPUTY COMMISSIONER OF POLICE Vs. NEELAM RANI

JUDGEMENT

(1.) By way of the present appeal filed under Sec. 104 read with Order XLIII Rule 1(d) CPC, the Appellants/defendants have assailed the order dtd. 6/5/2022 passed by the learned ADJ-02, Shahdara, Karkardooma Courts, Delhi in Misc DJ No. 731/2021, whereby application filed on behalf of the Appellants under Order 9 Rule 13 CPC and Sec. 5 of Limitation Act, 1963 was dismissed.

(2.) Before proceeding to deal with the contentions, the facts in a nutshell are that Respondents No.1 to 3/plaintiffs, while claiming themselves to be co-owners and shareholders of property bearing No. 148, Gandhi Nagar, Delhi part of Khasra No.690/605/326/62/7/1/8/14/6/7/5/1 in the area of village Seelampur, in the abadi of Gandhi Nagar, Delhi, had filed a suit bearing CS No. 626/2018 against the defendants for possession, mesne profits and permanent injunction. The plaintiffs claimed that they had purchased their respective shares by virtue of separate sale deeds and that the Suit Property being adjacent to Gandhi Nagar Police Station had been illegally trespassed in the year 2008 by police officials, who were using it for parking junk/unused and confiscated vehicles.

(3.) Records reveal that the Appellants were served with the summons of the Suit. One SI Deshpal had appeared on 17/1/2019. As no written statement came to be filed, the Appellants were proceeded ex-parte on 20/8/2019. The plaintiffs led evidence and after conclusion of the trial, an ex-parte judgment came to be passed on 16/3/2021. On an execution petition being filed, the Appellants received summons on 6/9/2021 whereafter they preferred an application under Order 9 Rule 13 CPC read with Sec. 5 of Limitation Act on 30/11/2021, resulting in passing of the impugned order.