GRAM PANCHAYAT Vs. RATTNI DEVI AND ORS

JUDGEMENT

(1.) Defendant has challenged order dated 8.2.2008 passed by learned Civil Judge (Jr. Division), Ambala whereby, an application filed under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (for short 'CPC') was dismissed and has also challenged order dated 5.9.2008 passed by learned Addl. District Judge, Fast Track Court, Ambala whereby, an appeal preferred by the petitioner against the order of learned Civil Judge (Jr. Division) Ambala, dated 8.2.2008 was dismissed.

(2.) Briefly stated, the background of the case is that plaintiff/respondent filed a suit for permanent injunction restraining the defendant/petitioner from interfering, in any manner, whatsoever, in their peaceful and lawful possession over the 'Bara' in dispute. In this suit, defendant/petitioner was proceeded against ex parte on 16.2.1995 and suffered an ex parte decree on 17.9.1999. The defendant/petitioner challenged the ex parte judgment and decree dated 17.9.1999 by way of an appeal which was adjourned sine die and had also filed an application under Order 9 Rule 13 of the CPC before the trial Court for setting aside the ex parte judgment and decree. In the application filed under Order 9 Rule 13 of the CPC, the trial Court framed following issues on 6.12.2003:

(3.) The learned trial Court vide its order dated 8.2.2008 decided issue Rs. in favour of the defendant/petitioner but decided issues No. 2 and 3 against it and ultimately dismissed their application.