BADAL SINGH Vs. AMAR KAUR

JUDGEMENT

(1.) THIS order shall dispose of two revision petitions, namely, C.R. No. 6817 of 2001 and C.R. No. 64 of 2002 being the connected petitions.

(2.) AN ex parte decree was passed against the petitioners by the learned trial Court on 1.4.1997. The petitioners filed an application on 31.10.1998 for setting aside the ex parte decree dated 1.4.1997. Issues were framed. In the meantime, Manpreet Singh and Kamal Suresh, who had purchased the property from the present petitioners filed an application for being impleaded as a party, in the said application filed under Order 9 Rule 13 C.P.C. by the present petitioners. The said application was allowed by the learned trial Court vide order dated 24.3.2001. Issues were framed and the petitioners were to lead the evidence. The evidence of the petitioners was closed by the learned trial Court on 19.11.2001 against which C.R. No. 64 of 2002 has been filed by the petitioners. However, the file was adjourned for the evidence of purchasers, Manpreet Singh and Kamal Suresh, purchasers from the present petitioners. Then the petitioners filed an application on 11.12.2001 for re-calling the order dated 19.11.2001, but the said application was dismissed by the learned trial Court vide order dated 22.12.2001 against which C.R. No. 6817 of 2001 has been filed.

(3.) RELIES on the judgments of Hon'ble Supreme Court reported as Surya Dev Rai v. Ram Chander Rai and others, 2004(1) RCR(Civil) 147 (SC) : JT 2003(6) SC 465 and Sushil Kumar Sabharwal v. Gurpreet Singh and others, 2002(1) RCR(Civil) 602 (SC) : (2002-2)131 PLR 382 (SC).