RAGHUVEER Vs. HARI PRASAD & OTHERS

JUDGEMENT

(1.) This Civil Revision under Section 115 of the Code of Civil Procedure, has been filed by the applicant/defendant No.2 assailing the order dated 26.10.2010, passed in Misc. Civil Appeal No.22/2009 (Raghuveer Vs. Hari Prasad and others), by II Additional District Judge to the Court of I Additional District Judge, Bhopal, arising out of order dated 23.7.2009, passed in Misc. Judicial Case No.1/2005 (Kunjilal and others Vs. Hari Prasad & another), by Civil Judge ClassI, Berasiya, District Bhopal (M.P.), thereby the application filed by the applicant/defendant No.2 under Order 9 Rule 13 of Civil Procedure Code (hereinafter referred to as the Code for short), for setting aside ex-parte judgment and decree passed in Civil Suit No.63-A/2000 (Hari Prasad Vs. Kunjilal and others), has been dismissed, treating that the same was filed beyond the period of limitation.

(2.) Facts of the case in nutshell is that the respondent No.1/plaintiff is the son of respondent No.3/defendant No.1, filed a Civil Suit claiming declaration of his share and permanent injunction in the suit property bearing No.137/1 Ward No.14, earlier Ward No.11, situated at Shantikunj Road, Sherpura, Berasiya, District Bhopal, against the defendant/applicant as well as other defendants/respondents. It is alleged that defendants are in exclusive possession of other ancestral property and they are trying to oust the applicant forcefully with the help of defendant No.2. It is alleged that defendant No.3 with the help of defendant No.1 had tried to oust them from the suit property, abused, threatened them and subjected the plaintiff/respondent No.1 his wife as well as children to Marpeet and he also tried to do away the household articles from the house during scuffle.

(3.) In the suit, defendant No.4/respondent No.2 herein, has submitted his written statement and supported the statement of plaintiff/respondent No.1 wherein it is stated that suit property is ancestral property and he is also entitled to his share in the same.