SOHAN SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) Heard through video conferencing.

(2.) The present civil revision petition has been filed under Article 227 of the Constitution of India to challenge the order dtd. 11/9/2020 (Annexure P-13) passed by the Trial Court allowing the application filed by the defendant-respondent under Order IX Rule 13 CPC for setting aside the ex-parte judgment and decree dtd. 12/8/2016.

(3.) The facts relevant to the present Us are that in February 2016 the plaintiff-petitioner filed a civil suit for recovery of Rs.56,000.00(Rs.50,000.00 principal + Rs.6,000.00 interest) against the defendant-respondent. Notice of the civil suit was issued to the defendant-respondent but he did not appear and was proceeded against ex-parte vide order dtd. 6/5/2016. The civil suit was decreed vide judgment and decree dtd. 12/8/2016 (Annexure P-4). In November 2016 the plaintiff-petitioner filed an execution petition in which the defendant-respondent put in appearance through counsel on 1/7/2017. Immediately, the defendant-respondent also filed an application (Annexure P-11) under Order IX Rule 13 CPC for setting aside the ex-parte judgment and decree dtd. 12/8/2016.