SANTOSH Vs. BHARAT SINGH

JUDGEMENT

(1.) By means of this petition under Article 227 of the Constitution of India, petitioner has challenged the orders dtd. 16/5/2015 and 21/5/2019 passed by learned trial court and learned revisional court respectively. By order dtd. 16/5/2015, learned trial court has rejected petitioner's delay condonation application filed along with her application under Order 9 Rule 13 of CPC. By latter order dtd. 21/5/2019, learned revisional court has dismissed the revision filed by the petitioner against the order of learned trial court.

(2.) It transpires that respondent Nos. 1 to 4 had filed Original Suit No. 15 of 2012 for cancellation of Will dtd. 7/3/2008 alleged to have been executed by father of the petitioner (respondent Nos. 1 to 4 herein) in favour of Smt. Santosh (petitioner herein). The said suit was decreed ex parte by learned trial court vide judgment dtd. 9/10/2012. According to the petitioner, she came to know about the said judgment only on 4/12/2014 when the judgment rendered by trial Court was placed on record by respondent nos. 1 to 4 in the mutation proceedings pending before Tehsildar, Haridwar. According to the petitioner, she made necessary enquiry and then applied for certified copy of the judgment and soon thereafter, she filed an application on 12/12/2014 for setting aside ex parte decree under Order 9 Rule 13 of CPC. Since there was delay of about two years in filing the said application, therefore, petitioner also filed an application for condonation of delay under Sec. 5 of Limitation Act. Learned trial court/Civil Judge (J.D.), Haridwar rejected the delay condonation application filed by the petitioner vide order dtd. 16/5/2015. The revision petition filed by the petitioner against learned trial court order having been dismissed, petitioner has approached this Court.

(3.) Heard learned counsel for the parties and perused the record.