SMT. CHHAYA SAXENA Vs. RAMKARAN SINGH KUSHWAHA (RAJAWAT)

JUDGEMENT

(1.) Challenge in this petition under Article 227 of the Constitution of India, is to an order dated 5.10.2016 passed by the Trial Court allowing the application under Order 9 Rule 13 of CPC by setting aside the ex parte decree dated 12.9.2013 passed in Civil Suit No.23A/2012.

(2.) The suit at the instance of the petitioner was for eviction of respondent from the suit premises and was ex parte decree on 12.9.2013. An application under Order 9 Rule 13 of CPC was filed by the respondent/defendant on the ground that notices which were issued on him were not served. The said contention was contested by the present petitioner.

(3.) Respective parties led their evidence.