NEM CHAND Vs. MAN BHARI

JUDGEMENT

(1.) This petition under section 115 of the Code of Civil Procedure raises the question whether in view of the peculiar circumstances of this case this Court would be justified in interfering with an order setting aside an ex parte decree.

(2.) It appears that in or about the year 1934 one Kanwar Sain sold a plot of land to one Labdi Khan for a sum of Rs. 6,000 who later on gifted it to his wife Man Bhari. Some 12 years later, that is in the year 1946, the two sons of the vendor brought a suit for a declaration that the alienation made by their father was without consideration or legal necessity and could not be allowed to operate to their detriment. Issues were framed in due course and the case was adjourned to the 6th August, 1947 for the production of evidence. On that day the Presiding Officer happened to be on leave and the Reader of the Court adjourned the case to the 7th October, 1947 for recording the statements of the witnesses.

(3.) Owing presumably to the communal disturbances which had broken out in Delhi the Court did not function on the 7th October and the case was taken up on the 25th October when the notices were issued to the parties who were required to produce their evidence on the 12th January, 1948. There is nothing to indicate whether the notices were issued and if so whether these were served on the defendants. Neither the defendants nor the witnesses who were to be produced by them appeared in Court on the 10th April, 1948 and the trial Court passed an ex parte decree in favour of the plaintiffs on the 28th June, 1948.