AMARPAL SINGH Vs. DARSHAN PAL SINGH

JUDGEMENT

(1.) Heard Sri Bhupendra Singh, Advocate appearing on behalf of the petitioner.

(2.) By means of this petition the petitioner has sought a writ in the nature of certiorari quashing the order dated 3-9-2012, passed by Special Judge [U.M.C.]/Additional District Judge, Dehradun in Civil Revision No. 498 of 2009 Jaspal Singh Vs. Amar Pal Singh.

(3.) Brief facts of the case are that the petitioner is the defendant in the Suit No. 148 of 2010. He had filed an application U/O 9 Rule-7 C.P.C. read with Section 151 C.P.C. which was allowed by the 4th Addl. Civil Judge (J.D.) Dehradun vide order dated 23-8-2010, in exercise of the powers conferred U/S. 151 C.P.C. Aggrieved by the order the plaintiff-respondent Jaspal Singh preferred Civil Revision No. 148/2010 before the District Judge, Dehradun, which was subsequently transferred to the Court of Special Judge (U.M.C.)/Addl. District Judge Dehradun. The learned Judge after hearing the parties in view of the Apex Court's judgment Arjun Singh Vs. Mohidra Kumar and others, 1964 0 AIR(SC) 993(V. 51 C 128), has held that since the application has been filed under Order 9 Rule 7 C.P.C. after the ex-parte judgment was reserved by the court on the date after lunch and allowed the revision.