BALDEV SINGH Vs. JAGDISH KUMAR

JUDGEMENT

(1.) Having read the elaborate and well reasoned order passed by the learned District Judge, Sangrur of April 18, 2014 affirming the order of the learned trial Court dated March 20, 2014 I am not inclined to interfere with the original order declining the application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (for short "CPC"). The present revision arises out of a Civil Suit instituted by Devki Devi widow of Gian Chand on February 23, 1988. The suit was for possession and mesne profits filed against five defendants with respect to the disputed property.

(2.) The brief facts are that the disputed property is part of Khasra Nos.907//1/2 and 888. The plaintiff owned land adjacent to the eastern side of the disputed site which was sold by Devki Devi to Balbir Kishan vide sale deed dated August 24, 1976. This land was further sold by Balbir Kishan to defendant Nos.1 to 4 by sale deed dated August 20, 1995. On the nothern side of the disputed site, there is land measuring 405 square yard with a constructed house thereon, situated in Khasra No.907//1/3 owned by Jaggar Singh son of Sajjan Singh, defendant No.5 and Kaur Singh etc. They sold the same to one Kuldeep Singh and Kaur Singh etc. who had purchased the land including some other land comprised in Khasra Nos.807//1/3 and 907//1/3/1 from the husband of Devki Devi on October 6, 1970. There is further history of sale and purchase which should not detain us. In the end, the plaintiff had requested defendants to hand over possession of the disputed property which met with refusal. Therefore, the suit was filed. Devki Devi died and her son Jagdish Kumar was impleaded as plaintiff's Legal Representative. The petitioner is the son of Jaggar Singh defendant No.5. Jaggar Singh died on September 20, 1996 during the pendency of the case. The plaintiff did not inform the Court of the death of Jaggar Singh and ultimately the suit was decreed on January 17, 2000. Jaggar Singh had remained ex parte in the case. The decree was passed as against Jaggar Singh, a dead person.

(3.) The plaintiff's suit for possession was decreed as prayed for together with mesne profits @Rs.300/- per month from February 17, 1988 till realisation. It is the case of the petitioner that on October 25, 2012 he met Jasbir Singh resident of Sangrur from whom he enquired about the fate of the case. Though Jasbir Singh did not know of the fate of the case but he informed him that sometime back an employee of the Court at Sangrur met with him to enquire about the whereabouts of Jaggar Singh and was told that he died many years ago. This led him to approach Sinder Pal Singh, defendant No.1 from whom he came to know about the litigation and on further enquiries came to know of its fate. He then filed an application under Order 9 Rule 13 CPC to set aside the ex parte judgment and decree dated January 17, 2000. This application has been dismissed on March 20, 2014. The learned trial Court has reasoned that Jaggar Singh had filed a joint written statement with defendant Nos.1 to 4.