KARNAL SINGH Vs. ADITYA NARAYAN SINGH

JUDGEMENT

(1.) -The petitioners, who were opposite parties, aggrieved by an order passed by the revisional court approached this Court by means of present writ petition under Article 226 of the Constitution of India, whereby the revisional court has allowed the revision filed by respondents.

(2.) FROM the narration of fact in the writ petition, it reveals that the petitioners had filed a suit being Suit No. 836 of 1991, which was decreed vide order dated 11th November, 1992. Aggrieved thereby, the respondents filed an application under Section 151 of the Code of Civil Procedure for setting aside the decree passed in the suit, referred to above. The petitioners filed their objection in the aforesaid application filed on behalf of respondents. The trial court rejected the application under Section 151 of the Code of Civil Procedure filed by the respondents vide its order dated 20th November, 1998. Thereafter the respondents filed revision before the revisional court. The revisional court vide its order impugned in the present writ petition while allowing the revision has set aside the order passed by the trial court and allowed the application filed by the respondents setting aside the ex-parte decree passed in Suit No. 836 of 1991 in exercise of power under Section 115 of the Code of Civil Procedure.

(3.) IN view of what has been stated above the writ petition succeeds and is allowed. The order passed by the revisional court dated 23rd January, 2004 (Annexure-5 to the writ petition), is quashed.