JAGDISH CHANDER Vs. BAKSHI CHATARPAL SINGH

JUDGEMENT

(1.) This is a petition for revision against the order of the trial court dated 13th October, 1 972, whereby the trial court suo motu allowed an amendment in a reply filed by the plainuffs-decree-holders to the application filed by the petitioners under Order 9 Ruls 13 Civil Procedure Code for setting aside the decree passed against them and to raise a new plea subsequently.

(2.) The decree dated 25th November, 1966 was pasted against the petitioners and respondents 2 to 10 for money where the present petitioners were judgment-debtors Nos.7 and 9. On the petitioners coming to know the decree they filed an applicat on under Order 9 Rule 13 read with section 151 of the Code of Civil Proeedure for setting aside the decree passed on 25th November. 1966.

(3.) It was alleged in the application that the pstitioners had come to know of the decree on or about 9th December, 1968 It was pleaded that they were not served at all in the suit and had no knowledge of any kind whatsoever about the proceedings of the sdit It was submitted that in spite of non-service exparte proceedings were taken against them and exparte decree was passed which was liable to be set aside. The application was filed on or about 1st January, 1969 and reply to the same followed by a replication was also filed. Volumunous evidence was recorded and the case was thereafter posted for arguments from time to time. On or about 29th April, 1972 an application was filed purporting to be undersection 151 of the Code of Civil Procedure for framing an issue as under :