ATTO Vs. GURMUKH SINGH AND ORS.

JUDGEMENT

(1.) By way of this revision petition order dated 15.04.2015 passed by learned Civil Judge (Junior Division), Zira, setting aside the exparte judgment and decree dated 15.09.2008 on an application under Order 9 Rule 13 of the Code of Civil Procedure (for short, "the Code") filed by the respondents, has been assailed.

(2.) The relevant facts emerging from the pleadings of the petitioner are that civil suit No.249-1 dated 10.04.1996 was filed by her against respondents No.1 to 3 which was decreed exparte in her favour vide judgment and decree dated 15.09.2008 after a long trial of 12 years. Knowing about the exparte decree, respondents No.1 to 3 filed an application under Order 9 rule 13 of the Code for setting aside the said decree. They pleaded that Gurpreet Singh and Harpreet Singh (respondents No.1 and 2) were minors at the time of trial of the case and were not represented properly by any person.

(3.) The application was contested by the petitioner on the grounds that it was not maintainable in the present form and was barred by limitation. Learned trial Court framed issues on the rival contentions of the parties and accorded them opportunity to lead evidence. Considering the evidence produced by the parties and the submissions made on their behalf, the application of the respondents was allowed and the exparte judgment and decree dated 15.09.2008 was set aside vide the impugned order dated 15.04.2015.