SHARDHA Vs. NAFEESA BEGUM

JUDGEMENT

(1.) THE appellant has preferred this appeal being aggrieved by the order dated 16-5-2007 passed by 7th Additional District Judge, Bhopal in M. J. C. No. 88/05 dismissing his application filed under Order 9 Rule 13 of CPC for selling aside exparte decree passed in Civil Original Suit No. 92-A/04, vide dated 6-1j -2004.

(2.) BRIEF facts of the appeal are that the respondent filed the aforesaid suit against the appellant for eviction regarding some accommodation situated in the City of Bhopal. Prior to the aforesaid suit some other suit in respect of some other accommodation filed by the respondent was pending between them in the Court of 6th Civil Judge, Class II, Bhopal as Civil Original Suit No. 7-A/04. The appellant was defending such suit. As per the case of the appellant, after filing the aforesaid Civil Original Suit No. 92-A/04 (Old No. 40-A/03) its notice was never served on the appellant, thus she could not appear in such case, but by fabricating the papers regarding service of such notice by the mode of substitute service the case was proceeded against her ex parte and the ex parte decree was passed in such suit on 6-12-2004. The same was known to the appellant only on 16-3-2005 when respondent Counsel disclosed the same while hearing of the aforesaid other Suit No. 7-A/04. Subsequent to it, after obtaining the copy of such ex parte judgment and decree the petition under Order 9 Rule 13 of CPC for setting aside the same was preferred in the Trial Court.

(3.) IN reply of the respondent, the averments of such application were denied. In addition it was pleaded that notice/summons of the suit was dully served over the appellant, in spite it she deliberately did not appear and committed willful default. The cause shown by the appellant for setting aside ex parte decree is neither bona fide nor reasonable and prayed for dismissal of such application.