AMANBIR SINGH Vs. RAJINDER KUMAR

JUDGEMENT

(1.) The present revision petition is directed against the impugned order dtd. 3/5/2013 and 29/5/2014, whereby the trial Court dismissed the application submitted by the petitioners-defendants-vendors under Order 9 Rule 13 of CPC for setting aside the ex parte judgment and decree dtd. 2/11/2007 and affirmed by the lower Appellate Court.

(2.) The respondents-plaintiffs instituted the suit on 6/10/2005 seeking specific performance of agreement to sell dtd. 15/6/2004, which was preceded by a legal notice dtd. 4/8/2005, by giving the address of the petitioners, as indicated in the agreement to sell. On 11/10/2005, despite receipt of the summons, no body turned up and the defendants were proceeded ex parte. An application for setting aside the ex parte judgment and decree under Order 9 Rule 13 of CPC was submitted, on 29/8/2009, as cause of action arose on receipt of the summons in the execution application. Despite examination of the witnesses, the application has been dismissed.

(3.) Learned counsel for the petitioners-defendants submitted that the order dtd. 11/10/2005 is not in consonance with the provisions of Order 5 Rule 17 of CPC as the summons were not witnessed by any of the witness. A valuable right has been taken away as the petitioners-defendants did not execute the agreement to sell. He on instruction from his clients, undertakes to comply with any direction, which this Court may deem fit, in case one opportunity is granted.