PRESIDENT SIKH GURUDWARA BHAWANI PATNA Vs. RAJKISHORE PANDA

JUDGEMENT

(1.) The application of defendant No. 1 under Order 9, Rule 13 of the Code of Civil Procedure ('CPC', for short) for setting aside the ex-parte decree having been rejected and the appeal filed against the said order having been dismissed, the present revision has been filed.

(2.) The opposite party had filed a suit in the Court of the learned Munsif, Dharamgarh, for declaration, of right, title and interest over the suit land. The short case of the opposite party is that the suit land originally belonged to Gurudwara, Bhawanipatna, and was under the custody of defendant No. 2 Ujagar Singh who was the President of the Sikh Gurudwara. Since the land was located at a long distance from the headquarters of the Gurudwara at Bhawanipatna and it was difficult on the part of the Gurudwara to look after the property, same was sold in favour of Chandrabhanu, Krushna and plaintiff-opposite party for a consideration of Rs. 3,600/- and possession was delivered. Mutation was allowed in the year 1958. In 1961 the purchasers who are brothers, amicably partitioned the land under a registered deed of partition and the opposite party was allotted with the entire land and he possessed it separately. Thereafter the opposite party sold a portion of the same to the extent of Ac. 8.51 dec. to his brother Krushna in 1965 and remained in possession of the balance portion. Again in the year 1990 when the opposite party applied for mutation before the Tahsildar, Dharamgarh who had earlier mutated his name, the application was disallowed and the appeal filed against the said order was also dismissed, creating cloud with regard to title of the opposite party over the suit land. For the aforesaid reason, the suit had been filed.

(3.) From the petition filed under Order 9, Rule 13, CPC it appears that after filing of the suit notice was issued to the defendant and after receipt of notice Late Balaram Patnaik, Advocate of Bhawanipatna, had been engaged and defendant No. 2 Ujagar Singh, who was the President of the Gurudwara then, was entrusted to look after the suit. Late Balaram Patnaik, Advocate, passed away on 6.12.1993 and the then President-defendant No. 2 Ujagar Singh also passed away on 25.5.1992. After expiry of defendant No. 2 as well as their Advocate Late Balaram Patnaik, the present applicant remained in dark about progress of the case and only on 13.9.1995 he came to know that an ex-parte decree had been passed on 30.9.1993. Thereafter certified copy of the ex-parte judgment was immediately applied for, but since the present applicant was suffering from illness till 27.11.1995. the application could not be filed immediately and the same was filed on 27.11.1995.