SWAMI BHAJANAND Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT petition is filed assailing the order dated 24.02.2012, passed by Additional District Judge, Rishikesh, District Dehradun in Miscellaneous Civil Appeal No. 169 of 2010, Somendra Mohan Joshi Vs. Bhajanand.

(2.) BRIEF facts of the present case, inter -alia, are that plaintiff/petitioner herein filed O.S.No.915 of 1999 seeking permanent prohibitory injunction against the defendants/respondents herein restraining them in making any interference in the possession of the plaintiff over the property in question. Initially, defendants /respondents herein were appearing before the Trial Court and contesting the suit, however, meanwhile, suit was transferred from the court of Additional Civil Judge, (Junior Division), Rishikesh to the Court of 1st Additional Civil Judge, J.D., Dehradun, on 28.05.1996, however, notices as required under Rule 89 -A of the General Rules (Civil) were not sent or served on the defendants, therefore, in the absence of the defendants learned 1st Additional Civil Judge, Dehradun was pleased to proceed ex -parte against the defendants/respondents herein by order dated 12.02.1996. Thereafter, again case was transferred from the court of 1st Additional Civil Judge, Junior Division, Dehradun to 2nd Additional Civil Judge, Dehradun. Again notices were not sent and served as required under Rule 89 -A of General Rules (Civil) to the defendants and ultimately suit was decreed ex -parte against the defendants vide ex -parte judgment and decree dated 17.12.1997.

(3.) LEARNED Trial Court was pleased to dismiss the application, Under Order 09 Rule 13 C.P.C. being time barred however, learned Appellate Court was pleased to allow the application.