RAJESH KUMAR AGGARWAL Vs. PAVNEET SINGH

JUDGEMENT

(1.) BY this petition, the petitioner has challenged an order of learned ADJ dated 25th September, 2007 allowing an appeal against order dated 23rd February, 2007 of the learned Civil Judge

(2.) THE brief facts relevant for disposing of this petition are that an ex parte decree was passed by the learned Civil Judge in respect of possession of property no. F-40/47, Model Town, Delhi on 6th March, 1990. While execution of this decree was pending, an application was filed on 25th January, 1994 under Order 9 Rule 13 CPC by one Sukhbir Singh, Advocate claiming to be general Power of Attorney of Satnam Kaur, JD. This application was dismissed by the learned Civil Judge vide his order dated 20th March, 2004 Against this order, the Attorney preferred an appeal and along with the appeal an application under Order 18 Rule 17 CPC was filed to produce certain additional documents. The application under Order 18 Rule 17 CPC was allowed by learned ADJ vide his order dated 2nd December, 2004 permitting exhibiting of General Power of attorney, Medical Certificates, summons, newspaper, plaint, application, etc. , subject to costs of Rs. 10,000/ -. The learned ADJ remanded the matter back for deciding the matter afresh after allowing the applicant's witness, Sukhbir singh, to exhibit the aforesaid documents, subject to objections.

(3.) AFTER the matter was remanded back further statement of Sukhbir singh, Advocate was recorded and the Trial Court again dismissed the application under Order 9 Rule 13 CPC vide its order dated 23. 2. 2007. During this time, satnam Kaur had died. An appeal against order of Civil Judge was preferred by praveen Singh, LR of Satnam Kaur. This appeal has been allowed by the impugned order.