VIDYA SAGAR Vs. MAM CHAND

JUDGEMENT

(1.) THE petitioner/decree holder has invoked the jurisdiction of this court under Article 227 of the Constitution of India for quashing the order dated 24.4.2006 passed by the learned Civil Judge (Junior Division), Jagadhri allowing application filed by the judgment debtor/respondent under Order 9 Rule 13 read with section 151 of the Code of Civil Procedure (for short the Code) for setting aside the decree dated 31.3.1980.

(2.) THE facts leading to the filing of this revision petition are that the petitioner Vidya Sagar was owner of land measuring 91 kanals 15 marlas situated in village Katewali, Tehsil Jagadhari being half share of land measuring 152 kanals 4 marlas and 31 kanals 6 marlas. The remaining half was owned by his brother Raj Kumar son of Benarsi Dass.

(3.) ON 28.8.1976 the petitioner filed a suit against respondents No. 1 to 6 i.e. the vendees and his brother Raj Kumar, who had sold the land including the land of the petitioner. The case of the petitioner is that summons were served personally to all the judgment debtors for 11.5.1998 wherein they put in appearance through their counsel. However, they failed to put up any defence and were subsequently proceeded against ex parte. The suit was decreed ex party on 1.3.1980.