BABU LAL Vs. VIRWATI

JUDGEMENT

(1.) This is a plaintiff's writ petition. He has instituted original suit no.646 of 1996 against the respondents herein for cancellation of sale deeds dated 9th of July, 1992 and 24th of October, 1996. The defendants filed their joint written statement but failed to appear subsequently and the trial Court passed an order on 12th of July, 2004 directing the suit to proceed exparte. An application to recall the said order was rejected by the trial Court on 29th of July, 2004. The suit was ultimately decreed exparte on 19th of May, 2007. The defendants filed an application dated 31st of May, 2007 under Order 9 Rule 13 C.P.C for setting aside the exparte decree dated 19th of May, 2007. The said application is still pending consideration before the trial Court although objection has been preferred by the petitioner on 2nd of April, 2008. Shortly thereafter, the defendants applied for amendment in the restoration application giving rise to the present writ petition. The said amendment application has been allowed on 23.1.2010 by the trial court and the order of the trial Court has been confirmed by the revisional Court on 12th of October, 2011.

(2.) Challenging the aforestated two orders one dated 23.1.2010 and another dated 12th of October, 2011, the present writ petition has been preferred.

(3.) Heard Sri B.B. Paul along with Sri A.P. Paul, learned counsel for the petitioner and Sri Rajesh Kumar Chauhan who has filed caveat for the respondents.