SUDESH KUMAR ARORA Vs. DISTRICT JUDGE HARIDWAR

JUDGEMENT

(1.) PRESENT petition is preferred against the judgment and order dated 01.10.2007, passed by the Revisional Court / District Judge, Haridwar in Civil Revision No. 73 of 2007, Anil Kumar Vs. Sudesh Kumar Arora and others, whereby order passed by the learned Civil Judge (Senior Division), dated 23.07.2007, allowing the application under Order 9 Rule 13 C.P.C. moved by the petitioners was set aside and application under Order 9 Rule 13 C.P.C. was dismissed.

(2.) BRIEF facts of the present case, inter alia, are that plaintiff respondent No. 4 herein has filed O.S. No. 151 of 2005, Anil Kumar Vs. Sudesh Kumar Arora and others in the Court of Civil Judge (Senior Division), Haridwar for permanent prohibitory injunction stating therein that defendant No. 3 (respondent No. 2 herein) and defendant No. 4 (respondent No. 3 herein) were husband and wife; there was mutual partition between the husband and wife; after mutual partition between defendant Nos. 3 and 4 (respondent Nos. 2 and 3 herein), defendant No. 3 (respondent No.2 herein) has sold the entire 1/2 share of the his property, in question, in favour of the plaintiff (respondent No. 4 herein) vide sale deed dated 17.08.2003; from the date of sale deed, plaintiff (respondent No.4 herein) has been enjoying the possession; however, defendants were threatening the plaintiff to dis -possess from the property, in question, therefore, defendants be restrained from making any interference in the possession of the plaintiff over the suit property.

(3.) IN the plaint so filed, defendant Nos. 1 and 2 petitioners herein) were shown resident of New Krishnanagar Colony, Kankhal, District Haridwar; defendant Nos. 3 and 4 (respondent Nos. 2 and 3 herein) wherefrom plaintiffs has allegedly purchased the property, in question, did not contest the suit nor were supposed to contest the suit; however, suit was decreed ex -parte against the defendant Nos. 1 and 2 (petitioners herein), vide judgment and decree dated 13.01.2006. Having acquired knowledge about the ex -party decree against the defendant Nos. 1 and 2 (petitioners herein), an application under Order 9 Rule 13 C.P.C. read with Section 151 C.P.C. was moved before the Civil Judge (Senior Division) for recalling / setting aside the ex party judgment and decree dated 13.01.2006. It is alleged in the application that defendant Nos. 1 and 2 (petitioners herein) were not residing in New Krishnanagar Colony, Kankhal, District Haridwar for last ten years and were, in fact, residing in House No. 224, Section -3, Pocket E -20, Rohini, Delhi -85; no notice was ever sent to the defendant Nos. 1 and 2 (petitioners herein) at their Rohini, Delhi address; nor defendant Nos. 1 and 2 (petitioners herein) acquired any knowledge about the pendency of the suit and they came to know about the ex -party judgment and decree on 12.04.2006 and, thereafter, application under Order 9 Rule 13 C.P.C. was moved.