ROSHNI DEVI Vs. DEVI LAL

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dtd. 26/11/2014 passed by the Civil Judge (Sr. Division), Jind in Civil Suit No.2347 of 2013 whereby the defendant-petitioner was proceeded against ex parte; final order dtd. 16/5/2019 passed by the Civil Judge (Sr. Division), Jind whereby the application filed by defendant-petitioner under Order IX Rule 13 CPC was dismissed, and the order dtd. 23/2/2022 passed by the Additional District Judge, Jind whereby the findings of the Trial Court were affirmed.

(2.) The brief facts relevant to the present lis are that the plaintiff-respondent filed a suit for specific performance against the defendant-petitioner. On 26/11/2014 the defendant-petitioner was proceeded against ex parte in the said suit. Vide judgement and decree dtd. 24/7/2015 the suit of the plaintiff-respondent was decreed.

(3.) The defendant-petitioner filed an application for setting aside the ex parte judgment and decree dtd. 24/7/2015 averring that on 4/9/2015 the plaintiff-respondent claimed in the village Amarheri, in the presence of the husband of the defendant-petitioner, that he had got the judgment and decree dtd. 24/7/2015 passed in his favour qua land measuring 3 Bighas 10 Biswas Pukhta without making payment of any amount and that he would become owner of the property free of cost by getting the sale deed registered and upon hearing this an application was filed for setting aside the ex parte judgment and decree dtd. 24/7/2015 within a period of 30 days from the date of knowledge. It was further averred that the defendant-petitioner contacted her lawyer at the Courts at Jind and thereafter came to know the details regarding the ex parte judgment and decree dtd. 24/7/2015. The ex parte proceedings dtd. 26/11/2014 and ex parte judgment and decree dtd. 24/7/2015 were challenged on the ground that summons were never served upon the defendant-petitioner for 26/11/2014 by way of Munadi and that a false report had been prepared. It was further averred that no copy of plaint along with affidavit of the plaintiff-respondent was attached with the summons issued on 4/10/2014 for 26/11/2014 and only Munadi fee was attached. It was further stated in the application that earlier also a false report had been got prepared of refusal to sign on the summons by the defendant-petitioner without getting the report attested from any neighbourer or any respectable person.