MANORAMA DEVI Vs. MEENA

JUDGEMENT

(1.) Cm No.23184-CII of 2019

(2.) Background of the matter is that the Petitioner had filed a Suit for Declaration and Permanent Injunction against the present Respondents, who from their side filed a Counter Claim in the form of a Suit for similar reliefs against the Petitioner/Plaintiff herself. The Petitioner's original Suit was dismissed for default on 21st March, 2016, on account of her absence, while she was proceeded against ex parte on the same date in the Counter Claim, filed against her. The Counter Claim of the Respondents was finally decreed in their favour by the Ld. Trial Court on 25th April, 2017 vide its Judgment and Decree (Annexure P-1).

(3.) The Petitioner, thereafter, filed her aforesaid Application under Order 9 Rule 13 of the CPC, in which she sought setting aside the ex parte order passed against her on 21st March, 2016 and the Judgment and Decree subsequently pronounced on 25th April, 2017. Such Application (Annexure P-2) was filed on 2nd August, 2017, in which it was contended that she claimed to know about the fate of her Suit as well as the Counter Claim of the Respondents only on 30th July, 2017, after the Respondents apparently told her about the same.