USHA RANI Vs. NARESH

JUDGEMENT

(1.) THE petitioners have invoked the jurisdiction of this Court under Article 227 of the Constitution of India to challenge the order dated 18.7.2006 passed by the learned Civil Judge (Sr. Divn.), Jagadhri vide which application moved by the petitioners for setting aside ex parte order dated 29.1 1.1999 was ordered to be dismissed.

(2.) THE plaintiff/respondents filed a suit for possession by way of specific performance of an agreement dated 11.3.1995 executed by Sh. Balak Ram defendant No. 1 in favour of the plaintiffs.

(3.) THE petitioners being subsequent vendees got themselves impleaded as a party to the suit on 4.8.2004 and moved an application for setting aside ex parte proceedings against defendants Nos. 2 to 4 and sought permission to participate in the proceedings from the stage of case i.e. 29.11.1999 and further sought permission to cross-examine the witnesses of the plaintiffs and adduce evidence in defence.