ANAND AND ORS. Vs. AJIT DAHIYA

JUDGEMENT

(1.) ON their non appearance, ex -parte decree dated 17.3.2005 was passed against the defendants -appellants, petitioners herein. An application was moved under Order IX Rule 13 read with Section 151 CPC by the appellant -defendants, petitioners herein, as also by respondent No. 2 (proforma respondent) wherein they had sought setting aside of the said ex parte decree as also orders dated 27.3.2003 and 4.4.2003 whereby they had been proceeded ex -parte earlier to passing of the ex -parte decree against them.

(2.) VIDE order dated 8.1.2014, this petition under order IX Rule 13 read with Section 151 CPC of the defendants was dismissed. The defendants had unsuccessfully challenged this order before the first appellate court. Judgment of the Additional District Judge, Gurgaon in appeal is of 8.5.2014. By way of the present revision petition, concurrent findings against the petitioners in both the judgments are under challenge.

(3.) PERUSAL of the paper book during the course of arguments addressed by Counsel for the petitioners reveals that this petition challenging the concurrent findings of the trial court as well as of the first appellate court vide order dated 8.1.2014 and 8.5.2014 respectively is nothing but an abuse of process of the court.