RADHESHYAM Vs. DEVKUMAR

JUDGEMENT

(1.) The present petition under Sec. 115 read with Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been filed against the order dtd. 2/9/2025 passed by IInd Civil Judge, Senior Division, Sanwer, District Indore in Executive Case No.100057A/2014, whereby an application filed by the petitioner under Sec. 49 of Registration Act (In short "the Act, 1908") read with Sec. 151 of CPC has been rejected.

(2.) The brief facts of the case are that the respondent/plaintiff had preferred a civil suit for declaration, possession and permanent injunction with regard to land bearing survey No. 20 new number 20/1 60X20 situated at Budaniyapant, Tehsil Sanwer. Thereafter, notices were issued to the petitioner/defendant, but even after service of notice, no one was appeared before the trial Court. Hence, the trial Court has passed the ex1 party order. Aggrieved by the aforesaid, the present petition has been filed.

(3.) Learned counsel for the petitioner has vehemently argued that the trial Court has passed the impugned order without appreciating the evidence available on record. The petitioner/defendant has not been given sufficient opportunity of hearing. The order passed by the learned Trial Court is a clear mis-interpretation of law because Sec. 49 of the Act, 1908, is applicable only qua the decree. He has further argued that the learned trial Court has failed to consider the fact that registration of any decree or order of the Court, is compulsory. On the aforesaid grounds, the impugned order deserves to be set aside and petition be allowed.