CHAMANLAL YADAV Vs. K L JOHAR

JUDGEMENT

(1.) RSA 11/1996 seeks to challenge the judgment and order dated 07.10.1995 of the Additional Senior Civil Judge, Delhi whereby the learned Judge has dismissed the appeal being barred by time and also gone on to dismiss the appeal on the ground that the order dated 30.11.1993 of the Civil Judge, Delhi disposing of the suit by an ex-parte decree was valid as the appellant herein was aware of the pendency of the suit and deliberately chose not to appear before the trial court.

(2.) Vide order dated 01.02.1996 the following question of law has been formulated:-

(3.) Facts of the case as noted by the Senior Civil Judge are as follows:- A suit was filed against the appellant-defendant for permanent injunction restraining him from taking forcible possession of the suit premises no.4/9 out of Khasra No.772 Village Chandrawali, Shahdara, Delhi in the abadi of Sarvariya Market, Vishwas Nagar, Shahdara, Delhi-32. On an application under Order 39 Rules 1 and 2 CPC Sh. G.S.Jugti, ld.Addl.Distt. Judge, Delhi, vide his order dated 4.6.1993 ordered the appellant-defendant to maintain status quo in respect of the suit property and a report of the Local Commissioner was also called. On 7.6.1993 the appellant-defendant did not appear and refused to receive the summons. The report of the Local Commissioner was perused and the appellant- deft.was restrained from interfering and taking forcible possession of the suit premises till 16.7.1993. Thereafter, the suit was transferred to the Court of Ms.Anju Bajaj Chandana, ld.Civil Judge, Delhi who aslso proceeded exparte against the appellant-defendant since he was not present despite service. This order was passed by the ld.trial court on 13.8.1993. Thereafter, after recording the exparte evidence, the impugned judgment and decree was passed."