RAMESH CHANDRA VERMA Vs. INCHARGE DISTRICT JUDGE BARABANKI

JUDGEMENT

(1.) -THE present writ petition arises out of the orders passed by the Courts below rejecting the application of the petitioners for impleadment moved by them in the execution proceedings,

(2.) FACTUAL matrix of the case is that an agreement for sale was entered into between one Shiv Narain alias Ram Narain and opposite party No. 3. As the sale deed was not being executed, the opposite party No. 3 filed a Suit for specific performance against opposite party No. 4 Krishna Mohan, S/o late Ganesh Prasad, which was decreed by the judgment and order dated 25. 11. 1985. The said judgment was not challenged and as such opposite party No. 3 filed an application on 16. 12. 1985 and again on 13. 5. 1986 for execution of the decree but the same remain pending thereafter. The opposite party No. 4 on coming to know regarding the ex parte decree moved an application under Order IX, Rule 13 of the Civil Procedure Code (hereinafter referred to as the 'code') for setting aside the ex parte decree, but the same was rejected on 3. 2. 1988.

(3.) FEELING aggrieved by the order dated 3. 2. 1988 rejecting the application under Order IX, Rule 13 of the Code, the opposite party No. 4 preferred an appeal (Appeal No. 14 of 1988) which was allowed vide order dated 5. 4. 1999, subject to the payment of cost of Rs. 100/- within fifteen days.