ASHA SINGH Vs. KAMAL KUMAR RATHI

JUDGEMENT

(1.) Whether an ex-parte decree passed on the failure of the defendant to file written statement within the time fixed under Order VIII Rule 1 of the Code of Civil Procedure can be set aside under Order IX Rule 13 of the Code, is the issue falls for consideration in the present revisional application under Article 227 of the Constitution of India.

(2.) The facts necessary to address the said issue is not in dispute which need to be recorded. The petitioners filed Ejectment Suit No. 19 of 2017 for eviction of the predecessor-in-interest of the opposite parties. The said predecessor-in-interest of the opposite parties entered appearance in the said suit at a belated stage and filed written statement with a prayer for acceptance of the same on condonation of delay. The order refusing to condone such delay was affirmed in revision in C.O. 1189 of 2010.

(3.) On the death of the original defendant, the present defendants, the present opposite parties herein were substituted in the said suit. The prayer of the opposite parties to allow them to contest the suit by filing written statement was turned down by the learned Trial Judge. The said order was also affirmed in revision being C.O. 2294 of 2012. The suit was ultimately decreed ex-parte on October 9, 2012.