JAGDISH SINGH Vs. KULWINDER SINGH

JUDGEMENT

(1.) INVOKING supervisory powers of this Court under Article 227 of the Constitution of India, the petitioner/decree holder Jagdish Singh has impugned order dated 17.1.2011 (Annexure P -7) passed by Civil Judge (Junior Division), Nakodar whereby his application under Order IX Rule 13 CPC, dated 17.4.2006, filed by respondent No. 1 Kulwinder Singh JD/ defendant in the court below, had been accepted and judgment and decree dated 1.12.2004 passed ex -parte against him was consequently set aside.

(2.) A suit for seeking a decree of possession by way of specific performance of agreement to sell dated 9.10.2002 qua the property in dispute and in the alternative for recovery of Rs.3,40,000/ -, in absence of appearance of the defendant, was decreed ex -parte on 1.12.2004. When the applicant -defendant had learnt about the ex -parte judgment and decree, he had moved the court below under order IX Rule 13 CPC for setting aside the same.

(3.) IT is claimed that when the contesting defendant/JD, respondent No. 1 herein, had duly been served in the suit and had entered appearance through his counsel and had been appearing on many dates, his unexplained disappearance had resulted in ex -parte proceedings against him which ultimately resulted in passing of ex -parte decree dated 1.12.2004 against him.