UNION OF INDIA Vs. GULAB CHANDRA AND OTHERS

JUDGEMENT

(1.) Heard Sri Ashok Mehta, learned Senior Counsel assisted by Sri S.K. Rai, learned counsel for the petitioners and Sri H.N. Singh, learned Senior Counsel assisted by Sri Ankush Tandon and Sri S. Shandilya, learned counsel for the respondents.

(2.) Suit No. 33 of 1980 as was filed by the respondents no. 1 to 7 was decreed ex parte on 18.3.1982. Aggrieved thereof, the petitioners filed an application under Order 9, Rule 13 of the C.P.C. which was accompanied with an application under Section 5 of the Indian Limitation Act on 10.1.1985. The application under Section 5 of the Indian Limitation Act was dismissed on 30.10.2000 and consequently, the application under Order 9, Rule 13 of the C.P.C. was also dismissed. The petitioners filed a First Appeal From Order under Order 43, Rule 1(d) of the C.P.C. against the order dated 30.10.2000. This First Appeal From Order was dismissed on 9.1.2001. Against the part of the order dated 30.10.2000 by which the application under Section 5 of the Indian Limitation Act was dismissed, the petitioners had also filed a Civil Revision. Though the memo of the revision states that it was filed against such part of the order by which the application under Section 5 of the Indian Limitation Act was rejected, a perusal of the order dated 11.4.2001, by which the Revision was dismissed, reveals that the petitioner, before the revisional Court, had challenged the whole of the order dated 30.10.2000.

(3.) Aggrieved by the ex parte decree dated 18.3.1982, dismissal of the applications under Order 9, Rule 13 of C.P.C. on 30.10.2000, the appellate order 9.1.2001 and the revisional order dated 11.4.2001, the instant writ petition has been filed.