BABLU MANDAL Vs. VANDANA BHOWMIK

JUDGEMENT

(1.) THIS revision is directed against the order dated 20th July, 2007 by the Second Additional District Judge, Bhopal in Case No. MJC No. 93/2007 by which petitioner's application under Order 7, Rule 11, Civil procedure Code was rejected.

(2.) THE facts of the case are as under :

(3.) THE respondent asked the petitioner to vacate the accommodation which was in possession of the petitioner, as an employee of husband of respondent. The petitioner informed to the respondent that the Court had issued probate in his favour on basis of Will which was executed by Sukh Ram Bhowmik. On getting this knowledge, respondent after seeking legal advice, filed an application under order 9, Rule 13 read with section 151 of the Code of Civil Procedure, 1908 (hereinafter referred as C. P. C.) on 15-3-2007 for setting aside ex parte order dated 30th October, 2006, on the ground that no summon was tendered or served on the respondent on 14-3-2006. It was alleged by respondent that she was at her home along with her sister on that date, but no one came to her to serve the summon. The will alleged by the petitioner is a forged Will and the petitioner obtained probate without information to respondent/non-applicant. On getting information in respect of proceedings, the respondent filed an application before the Court along with an application under section 5 of the Limitation Act to condone the delay occurred in filing the application, supported by documents regarding the treatment of the respondent. Copy of the application is on record as Annexure R/4.