LUXMI CHAND Vs. RAJ RANI

JUDGEMENT

(1.) CM No.12876-CII of 2012 Allowed as prayed for. Main Case Plaintiff-Luxmi Chand has approached this Court by way of instant revision petition under Article 227 of the Constitution of India impugning order dated 19.03.2012 Annexure P-6 passed by learned Civil Judge (Junior Division), Bilaspur thereby allowing application Annexure P-4 moved by defendant-Raj Rani for setting aside ex parte proceedings ordered against her in the suit vide order dated 30.07.2009. Petitioner-plaintiff has filed suit against defendant- respondent for possession of suit land by specific performance of agreement to sell. On summons Annexure P-2 issued to defendant- respondent for 30.07.2009, Process Server reported that the defendant refused to accept the summons which was then affixed at her house. The report was witnessed by Chowkidar. On the basis of the said report, the defendant was proceeded against ex parte vide order dated 30.07.2009. Defendant in her application Annexure P-4 alleged that she never received any summons in the suit and she learnt of the suit from the plaintiff on 18.12.2011 when she went to cultivate the suit land. Plaintiff by filing reply Annexure P-5 controverted the averments of the defendant.

(2.) LEARNED trial Court vide impugned order Annexure P-6 set aside the ex parte proceedings ordered against respondent-defendant vide order dated 30.07.2009, subject to payment of `500/- as costs. Feeling aggrieved, plaintiff has filed this revision petition.

(3.) COUNSEL for the petitioner contended that defendant- respondent in her application Annexure P-4 falsely alleged that she learnt about the suit from the plaintiff on 18.12.2011 when she went to cultivate the suit land whereas the plaintiff is serving in Border Security Force and was on his duty on 18.12.2011 in Chhattisgarh State and was not even present at the spot. The contention cannot be accepted because no such plea was even raised by the plaintiff in his reply Annexure P-5 to the application Annexure P-4.