RAJESH Vs. BALWAN SINGH AND ORS.

JUDGEMENT

(1.) The present revision petition is directed at the instance of the petitioner-plaintiff against the impugned order dtd. 31/1/2017 whereby objection of the defendants qua execution of the ex parte judgment and decree dtd. 30/7/2009 passed in Civil Suit No.946 of 2003 titled as 'Rajesh Vs. Balwan Singh and others' has been allowed.

(2.) As per the facts narrated in the objections, civil suit aforementioned was filed by Rajesh on the premise that Sharbho Devi executed a registered Will bearing Vasika No.308/3 dtd. 23/1/2001 bequeathing her entire share of movable and immovable property in his favour, defendant No.1 Balwan Singh and her two grandsons Mani Ram and Ashok sons of Jorawar in equal shares. Thereafter, defendant No.1 executed a Release Deed dtd. 28/1/2002 in favour of defendant No.2 and 3 of entire agricultural land, though he was having only 1/3rd share.

(3.) Defendants after having been served through ordinary process and munadi, proceeded ex parte. Defendants No.1 to 6 were proceeded ex parte on 14/2/2005 whereas defendants No.7 to 8 on 29/7/2005. The Civil Court decreed the suit vide ex parte judgment and decree dtd. 30/7/2009 and execution application (Annexure P-3) was filed on 4/12/2012 wherein vide Ex.P4, objector Sunil Kumar, judgment debtor No.3 filed objection that he was born in March, 1992 and was 17 years old i.e. minor at the time of decree and at the time of filing of the application being 24 1/2 years. He alleged that decree could not be passed without implementation of Order 32 Rule 3 and 3-A CPC.