LAWS(P&H)-2014-2-87

S.M. BUILDCON PVT. LTD. Vs. VINOD KUMAR

Decided On February 05, 2014
S.M. Buildcon Pvt. Ltd. Appellant
V/S
VINOD KUMAR Respondents

JUDGEMENT

(1.) CONCISELY , the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, are that initially, respondent -plaintiff Vinod Kumar son of Mange Ram (for brevity ''the plaintiff ''), has instituted the civil suit for a decree of permanent injunction, restraining the petitioner - defendant M/s S.M.Buildcon Pvt. Ltd. (for short ''the defendant -company ''), from alienating the property in dispute in any manner.

(2.) THE trial Court ordered the ex parte proceedings against the defendant -company, by means of order dated 30.7.2007. The application (Annexure P2) filed by it for setting aside the ex parte proceedings under Order 9 Rule 7 read with Section 151 CPC, was dismissed as well by the trial Court, by way of impugned order dated 8.1.2013 (Annexure P1).

(3.) HAVING heard the learned counsel for the parties, having gone through the record with their valuable assistance and after bestowal of thoughts over the entire matter, to my mind, the instant petition deserves to be accepted in this regard.