MOHD AZMAL Vs. ANITA JAIN AND 2 OTHERS

JUDGEMENT

(1.) This Civil Misc. Writ Petition is filed for the following reliefs:-

(2.) The brief facts which give rise to this petition are that the petitioner filed a Suit through next friend for cancellation of sale deed alleged to have been executed by one Soib elder brother of the petitioner in respect of agricultural land not only of his own share but also of share of petitioner.

(3.) During the pendency of the Suit although there was an injunction restraining the defendants from executing sale deed in favour of any other person, the defendant executed sale deed in favour one Anita Jain. Thereafter on getting knowledge of the impugned sale deed in favour of Anita Jain, petitioner moved an application for impleadment of Smt. Anita Jain which was allowed and Smt. Anita Jain was impleaded as respondent no. 1. Then the petitioner tried his level best to serve the notices of the suit upon the respondent no. 1 Smt. Anita Jain (hereinafter called respondent no. 1) and when all attempts failed, with the direction of the Court, the notices were sent for publication in a newspaper and the notices were published in the newspaper. Although the notices were published properly in the newspaper there was some factual mistake and a corrigendum was also published in the newspaper in respect of the publication of the notices, the respondent no. 1 did not put in appearance and the court proceeded ex parte against them and ultimately an ex parte decree was passed on 16.07.2008.