KHETA SINGH AND OTHERS Vs. ANGREJ SINGH

JUDGEMENT

(1.) This petition has arisen out of the order dated 29.03.2010 passed by the Additional District Judge (Fast Track Court), Bathinda, allowing the appeal filed by Angrej Singh-respondent (hereinafter referred as 'the respondent') against the order dated 20.02.2009 passed by the Additional Civil Judge (Senior Division), Bathinda, dismissing his application for setting aside the ex-parte order dated 20.11.2000.

(2.) The factual background of the case is that the respondent has filed a suit for recovery on the basis of promissory note of Rs.30,000/-. The said suit was decreed on 07.11.1986. Thereafter, respondent had filed an execution petition, wherein, against the said decree of Rs.30,000/-, the land owned by the Judgment Debtors-petitioners i.e. 2/3 rd share out of 135 Kanals 4 Marlas, which comes to 90 Kanals 2 Marlas, was sold and the sale was confirmed. The whole process took place in the absence of the Judgment Debtors-petitioners. Whereupon, they had challenged the said sale deed by filing an application on 12.12.1992, which was contested by the respondent, but later on he failed to appear in the Court, therefore, he was proceeded against exparte on 16.08.2000. Ultimately, the objection petition filed by the Judgment Debtors-petitioners was allowed on 20.11.2000 and the sale was set aside.

(3.) Aggrieved by the said order, the respondent filed an application for setting aside the order dated 20.11.2000 on 02.05.2001. The trial Court dismissed the said application on 20.02.2009 on the ground that the application was hopelessly time barred i.e. filed after 8 months. The appeal against the said order was filed by the respondent, which was allowed by the Additional District Judge (Fast Track Court), Bathinda, vide order dated 29.03.2010, which is under challenge before this Court.