JAGDEEP KAUR Vs. MANOHAR SINGH

JUDGEMENT

(1.) Plaintiff Jagdeep Kaur has filed this revision petition under Article 227 of the Constitution of India assailing judgment dated 16.3.2007 (Annexure P-1) passed by learned Additional District Judge, Sangrur and order dated 5.4.2007 (Annexure P-1/A) passed by learned Civil Judge (Junior Division), Malerkotla. Petitioner-plaintiff Jagdeep Kaur filed suit against Manohar Singh defendant-respondent for possession of the suit property by specific performance of the agreement to sell. In the said suit, defendant on notice appeared through counsel on 10.7.2001 and on request of counsel for the defendant-respondent, the case was adjourned to various dates i.e. 19.7.2001, 13.8.2001, 20.9.2001 and 19.10.2001 for filing written statement. Last adjournment for 19.10.2001 was subject to payment of Rs. 100/- as costs and last opportunity was granted. On 19.10.2001, counsel for the defendant pleaded 'no instructions' and costs imposed was also not paid despite demand. Accordingly, defence of the defendant was struck off. Ultimately the suit was decreed exparte vide judgment and decree dated 19.2.2003 (Annexure P-5).

(2.) Defendant moved application dated 27.8.2004 (Annexure P-2) for setting aside exparte judgment and decree dated 19.2.2003 alleging that after counsel for the defendant pleaded 'no instructions' on 19.10.2001, court notice should have been issued to the defendant but was not issued and therefore, exparte judgment and decree are liable to be set aside.

(3.) Plaintiff by filing reply Annexure P-3 resisted the application moved by the defendant.