ASHA RAWAL Vs. CHAMAN SINGH

JUDGEMENT

(1.) By means of this writ petition under Article 227 of Constitution of India, petitioner has challenged the order dated 05.02.2018 passed by Civil Judge (Senior Division), Vikas Nagar in Misc. Case No. 03 of 2014 and also the judgment dated 05.07.2018 passed by learned Additional District Judge, Vikas Nagar in Civil Revision No. 5 of 2018.

(2.) It transpires that respondent nos. 1 to 4 jointly filed a suit (O.S. No. 316 of 2004) for cancellation of sale deed dated 26.02.2004 executed by respondent nos. 5, 6 & 7 in favour of the petitioner. Petitioner was joined as defendant No. 4 in the said suit. The said suit was filed in the year 2004 in the Court of Civil Judge (Senior Division), Dehradun and was registered as Original Suit No. 316 of 2004. Petitioner filed her written statement in the said suit on 20.01.2005. Subsequently, the said suit was transferred vide order dated 11.11.2008 to the Court of Additional Civil Judge (Senior Division), Dehradun. Again, the said suit was transferred to the Court of Civil Judge (Senior Division), Vikas Nagar vide order dated 02.09.2009.

(3.) The said suit was decreed ex-parte by Civil Judge (Senior Division), Vikas Nagar vide judgment dated 25.03.2011. When petitioner learnt about the ex-parte decree, she filed an application for setting aside ex-parte decree alongwith delay condonation application on 08.01.2014. The delay condonation application filed by the petitioner was rejected by learned Civil Judge (Senior Division), Vikas Nagar vide order dated 05.02.2018. Petitioner, thereafter, filed Revision Petition challenging the order passed by trial Court. The Revisional Court/ADJ, Vikas Nagar not only dismissed the Revision filed by the petitioner but also rejected petitioner's application under Order 9 Rule 13 CPC vide judgment dated 05.07.2018. Feeling aggrieved by these two orders, petitioner has approached this Court.