ABHI DEHURY Vs. DAKSHYA DEHURY

JUDGEMENT

(1.) The petitioners assail the judgment dated 23.08.2007 passed by the learned District Judge, Sambalpur in F.A.O. No. 21 of 2005 affirming the order dated 11.03.2005 passed by the learned Civil Judge (Junior Division), Rairakhol in Misc. Case No. 6 of 2003, arising out of Title Suit No.07 of 1999.

(2.) The facts of the case are undisputed. The present petitioners are contesting defendants in Title Suit No.7 of 1999 of the court of Civil Judge (Junior Division), Rairakhol. The suit was posted to 06.11.2002 for hearing. On that date, the plaintiff was present and adduced evidence. Evidence of P.Ws. 2 and 3 were recorded. Prior to it, the plaintiff was examined and cross-examined. On 06.11.2002, the contesting defendants i.e. the petitioners were not present in the court. However, the court of original jurisdiction proceeded with the hearing of the case by dispensing with crossexamination of the witnesses in absence of the opponent advocates and parties. Then, after conclusion of trial, the learned Civil Judge (Junior Division) pronounced the judgment on 03.12.2002 in Title Suit No.7 of 1999 treating it to be a contested case. Thereafter, an application was filed by the present petitioners under Order 9 Rule 13 of the Code of Civil Procedure, 1905, hereinafter referred as the Code , which was registered as Misc. Case No. 6 of 2003. It was disposed of by the learned Civil Judge (Junior Division) on 11.03.2005. Learned Civil Judge held that the judgment passed in the Civil Suit was contested one and, therefore, Order IX, Rule 13 of the Code had no application.

(3.) The petitioners preferred Appeal before the learned District Judge, Sambalpur, which was registered as F.A.O. No. 21 of 2005. Learned District Judge also concurred with the findings recorded by the learned trial court and dismissed the appeal. Such orders of the learned Civil Judge (Junior Division) and the learned District Judge have been assailed in this Revision.