ANANT LAL Vs. SHIV KUMAR LILARIYA

JUDGEMENT

(1.) HEARD counsel for the parties and perused the record. Suit No. 6 of 1999 was filed by Shiv Kumar Lilariya before the Judge Small Causes Court, Gorakhpur for recovery of arrears of rent and eviction of the tenants from the shop in dispute. An application paper No. 6 Ga-2 was filed by the plaintiff for appointment of guardian of the petitioners on 8.2.1999 on this date of institution of suit itself as they were minors. The application was allowed on the same date and the natural mother of the petitioners Smt. Shobhawati Devi who was also a party in the suit with other sons and daughter as joint tenants was appointed as guardian of the defendant first set- petitioners. Thereafter, written statement was filed by Smt. Shobhawati Devi and others on 7.5.1999. The case was not pursued by the tenants thereafter and was decreed ex parte on 23.5.2003 by the Judge Small Causes Court/Civil Judge (Senior Division), Gorakhpur. The plaintiffs then filed Execution Case No. 3 of 2004 for execution of the ex parte decree dated 23.5.2003.

(2.) THE case set up by the petitioners is that when they came to know about the ex parte decree an application alongwith an affidavit was filed in aforesaid Suit No. 6 of 1999 under Order 9 Rule 13 read with Section 151 of C.P.C. for setting aside the ex parte decree dated 23.5.2003 which was numbered as application No. 3 of 2006.

(3.) ONE of the grounds taken by the petitioners is that Smt. Shobhawati Devi is a 'Pardanasin' lady and was not in a position to protect her interest as well as of her minor children i.e. the petitioners; that she had left Pairvi of the case in these circumstances, due to which the right of the petitioners is affected in the proceedings.