SURESH KUMAR Vs. RANBIR AND ANOTHER

JUDGEMENT

(1.) Challenge in the revision petition is to order dated 30.9.2015 (Annexure P-5) passed by the learned Civil Judge (J.D.) Sirsa in CIS No. 0002170/2013 case No. 16-misc. in case tilted as Suresh Kumar v. Ranbir and another whereby the learned Civil Judge allowed the application filed by the defendant-respondent under Order 9, Rule 13 CPC and set aside ex parte order dated 7.9.2010 as well as ex parte judgment and decree dated 22.9.2012.

(2.) Brief facts of the case leading to the filing of the instant petition are that the plaintiff-petitioner filed civil suit No. 206 of 2010/2012 for possession by way of specific performance of agreement dated 29.5.2009. As per plaintiff-petitioner, notice was served on defendant No. 1- respondent No. 1 on 16.7.2010 but respondent-defendant No. 1 intentionally and deliberately neglected to appear and contest the suit whereupon respondent/defendant No. 1 was proceeded ex parte by the learned trial court vide order dated 7.9.2010 (Annexure P-10) eventually leading to passing of ex parte judgment and decree dated 22.9.2012 (Annexure P-2).

(3.) Pursuant to the ex parte judgment and decree dated 22.9.2012 the plaintiff-petitioner instituted execution proceedings for the execution of the judgment and decree dated 22.9.2012. Notice in the same was served on respondent JD/defendant where-after, respondent-defendant No. 1 filed an application under Order 9, Rule 13 read with section 151 CPC for setting aside ex parte proceedings dated 7.9.2010 and ex parte judgment and decree dated 22.9.2012 along with an application for condonation of delay in filing the application under Order 9, Rule 13 CPC. The following issues were framed vide order dated 22.1.2015.