ANIL BISHT Vs. SUSHIL KUMAR JAIN & OTHERS

JUDGEMENT

(1.) Since the factual matrix of the abovenoted writ petitions and law governing the field is the same, therefore, all aforementioned writ petitions are being disposed of by this common judgment for the sake of convenience and brevity. Writ Petition No.3090 of 2015 (M/S) shall be the leading case.

(2.) Present writ petition Nos.3090/2015, 3091/2015 & 3093/2015 have been filed by the petitioners against the judgment and order dated 03.12.2015 passed by the 1st Addl. District Judge, Dehradun in Misc. Case No.912 of 2015, 913 of 2015 and 910 of 2015 respectively.

(3.) An ex-parte judgment and decree was passed against the petitioners by learned 1st Additional Civil Judge (S.D.) / Judge Small Causes Court, Dehradun on 05.11.2014. Aggrieved against the same, an application under Order 9 Rule 13 C.P.C. was filed by the judgment debtors / petitioners on 21.11.2014, which was dismissed on 03.10.2015. Feeling aggrieved against this order, the petitioners filed revision before the District Judge, Dehradun, which is pending adjudication before the said court. During the pendency of the said revision, the petitioners filed a regular civil revision (SCC Revision) alongwith application under Section 5 of the Limitation Act against the ex-parte decree on 16.11.2015 with a delay of 376 days. The revisional court, vide order dated 03.12.2015, did not condone the delay and observed that the revision is not maintainable and, therefore, dismissed the same. Hence, the present writ petitions.