DEV MURTI Vs. BHARAT JI MAHARAJ & OTHERS

JUDGEMENT

(1.) This is defendants petition, under Article 227 of the Constitution of India, against the order dated 06.03.2017 passed by 1st Additional District Judge, Rishikesh, District Dehradun in Civil Revision No. 73 of 2016.

(2.) Brief facts of the case are as under:-

(3.) Respondent Nos. 1 and 2 filed a suit for possession and mesne profit against petitioner and 5 others, which was registered as Civil Suit No. 468 of 1999. The said suit was decreed ex-parte on 15.04.2010 against the defendants. Thus, feeling aggrieved, petitioner filed an application under Order 9 Rule 13 of C.P.C. for setting aside ex-parte decree. Since there was some delay in filing the application, therefore, an application under Section 5 of the Limitation Act was also filed by the petitioner. Learned trial court allowed these two applications by means of two orders dated 30.01.2016 subject to payment of cost of Rs. 2,000/-. The plaintiffs/respondent Nos. 1 & 2 filed two separate Civil Revisions, which are numbered as 71 of 2016 and 73 of 2016 against the aforesaid orders dated 30.01.2016 before the learned 1st Additional District Judge, Rishikesh, Dehradun. Civil Revision No. 71 of 2016 was filed against the order, whereby petitioner's application filed under Section 5 of the Limitation Act was allowed, while Civil Revision No. 73 of 2016 was filed by the plaintiffs/respondent Nos. 1 & 2 against the order passed by the learned trial court, whereby petitioner's application, under Order 9 Rule 13 of C.P.C., was allowed. Learned revisional court dismissed Civil Revision No. 71 of 2016 by means of judgment and order dated 06.02017, however, Civil Revision No. 73 of 2016 was partly allowed and the application under Order 9 Rule 13 of C.P.C. was directed to be decided afresh. Thus, feeling aggrieved, petitioner has approached this Court against the order dated 06.02017 passed in Civil Revision No. 73 of 2016.