GHASITU Vs. COMMISSIONER GARHWAL MANDAL

JUDGEMENT

(1.) PRESENT petition is filed assailing the judgment and order dated 05.12.2005, passed by the Collector, Haridwar, whereby application under Order 9 Rule 13 C.P.C. was allowed and judgment and order dated 26.12.2006, passed by the Divisional Commissioner, Garhwal whereby revision filed by the present petitioners / plaintiffs was dismissed.

(2.) BRIEF facts of the present case, inter alia, are that present petitioners have preferred Case No. 02 of 2001, Ghasitu and others Vs. Land Management Committee and others, under Rule 115 -P of the U.P.Z.A. and L.R. Rule, 1952 for the cancellation of pattas of awadi granted in favour of the private respondents herein vide resolution dated 13.09.2000 duly approved by Deputy Collector, vide order dated 11.10.2000.

(3.) SUIT so filed was allowed / decreed in favour of the petitioners herein vide judgment dated 19th March, 2004, passed by the Collector Haridwar cancelling the pattas earlier granted in favour of the private respondents herein. Private respondents herein, thereafter, moved an application under Order 9 Rule 13 C.P.C. alongwith an application under Section 5 of the Limitation Act for setting aside ex -parte judgment canceling the pattas dated 19.03.2004.