RATAN SINGH AND ANOTHER Vs. BHAGAT SINGH

JUDGEMENT

(1.) Present civil revision has been filed by the Judgment Debtors / revisionists being aggrieved against the order dated 26.05.2015, passed by learned 4th Addl. Civil Judge (Sr. Div.), Dehradun, dismissing the application of the applicants / revisionists under Order IX Rule 8 of C.P.C. for restoring the Misc. Case no. 173 of 2014, in Execution Case no. 06 of 2011.

(2.) Dasti notice was issued to the respondent. Affidavit of service has been filed on behalf of the revisionists to show that the notice has been served on the respondent. It is indicated in the affidavit of service that the plaintiff / respondent refused to take notice in presence of two witnesses. The matter was taken up on 07.08.2015, but since none appeared for the respondent, therefore, the civil revision was posted for today for hearing.

(3.) A decree was passed against the Judgment Debtors / revisionists by the trial court. Learned counsel for the revisionists says that no appeal was preferred against the same. When the execution proceedings were initiated by the Decree Holder against the Judgment Debtors, the Judgment Debtors moved objections under Section 47 CPC, in which 19.02.2015 was fixed. The lawyers abstained from court work on that day and, therefore, the same was posted for 18.03.2015. Judgment Debtors did not appear, either in person or through counsel on the said date, as a consequence thereof, objections under Section 47 CPC were dismissed in the absence of Judgment Debtors. Judgment Debtors moved an application before the executing court for recalling the order dated 18.03.2015. The same was supported by an affidavit and medical certificate.