SHAIKH KHALIL Vs. SHAIKH JAMIL

JUDGEMENT

(1.) SHORT facts relevant for the purpose of this appeal are that the plaintiff/respondent No. 1 instituted a suit before the Court of XIII civil Judge Class-II, Jabalpur, on 15. 9. 1982 for declaration of title, partition and mesne profits. It was decreed ex-parte. On 20. 11. 1992, an application under order 9 Rule 13 of the Code of Civil Procedure for setting aside ex-parte decree was filed which was registered as M. J. C. No. 19/92.

(2.) SIMULTANEOUSLY, a regular Civil Appeal under Section 96 of the Code of Civil procedure was filed by the defendant/appellant on 23. 2. 1993 which was registered as Civil Appeal No. 17-A/93. On 30. 3. 1993, the appeal was dismissed on account of non-payment of Court Fees as well as non-appearance of appellant and his counsel.

(3.) M. J. C. NO. 19/92 under Order 17 Rule 3 of the Code of Civil Procedure was rejected on 29. 3. 1994 since the appellant/defendant failed to produce his evidence in support of the application for setting aside ex-parte decree. Application submitted under Order 9 Rule 9 of the Code of Civil Procedure for restoration of m. J. C. No. 19/92 was rejected on 12. 5. 1995. Against such rejection, M. A. No. 60/95 was submitted by the defendants under Order 43 Rule 1 of the Code of Civil procedure which was dismissed by the Court of X Addl. District Judge, Jabalpur on 16. 9. 1996.