BHAGWANT SINGH Vs. SUKHJIT KAUR

JUDGEMENT

(1.) THIS is civil revision against the order dated 22.7.1999 passed by Civil Judge (Sr. Division), Jalandhar whereby he accepted application filed under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree dated 28.7.1997 granted in favour of Bhagwant Singh-plaintiff (petitioner-herein) and against Smt. Sukhjit Kaur and Rajeshinder Singh defendants (respondent-herein).

(2.) BHAGWANT Singh filed suit for possession through specific performance against Sukhjit Kaur and her son Rajeshinder Singh. On 28.7.1997 that suit was decreed ex parte in favour of Bhagwant Singh and against Sukhjit Kaur and Rajeshinder Singh for 4.4.1997, suit was fixed for the cross-examination of Jagtar Singh PW and when Jagtar Singh did not come present, case was adjourned to 14.5.1997 for the cross-examination of Jagtar Singh PW subject to payment of Rs. 100/- as costs. It was to be last opportunity. On the adjourned date also i.e. 14.5.1997 Jagtar Singh did not come present, though the defendants along with their counsel were present. Case was adjourned to 21.7.1997 for the cross-examination of Jagtar Singh PW. On 21.7.1997 Sukhjit Kaur did not come present. Defendants were represented by Sh. Gulshan Arora, Advocate. On 21.7.1997 he requested the Court about 11.00 AM that he would cross-examine the witness if he were present but he was informed that case was adjourned to 28.7.1997. On 28.7.1997, when Sh. Gulshan Arora, Advocate appeared for the cross-examination of Jagtar Singh at 12.30 PM, he was informed that the defendants had been proceeded against ex parte on 21.7.1997 and ex parte judgment and decree had been passed on 28.7.1997.

(3.) THIS application was resisted by Bhagwant Singh, plaintiff-decree holder saying that the same was barred by the limitation. Jagtar Singh PW was examined on 13.2.1997 and the case was adjourned on the request of Sukhjit Kaur's counsel for the cross-examination of witness to 4.4.1997. On 4.4.1997, he was not cross-examined and the case was again adjourned to 14.5.1997. On 14.5.1997 also, counsel for Sukhjit Kaur did not cross-examine the witness and the case was adjourned to 21.7.1997. Earlier, Sh. Gulshan Arora, Advocate used to appear on behalf of Sukhjit Kaur-defendant but on 14.5.1997, Sh. Gurdeep Singh Sachdeva, Advocate filed power of attorney on behalf of the defendant. Sh. Gulshan Arora was thus superseded on 14.5.1997. Sh. Gurdeep Singh Sachdeva got the case adjourned to 21.7.1997 for the cross-examination of Jagtar Singh PW. On 21.7.1997, when the case was called repeatedly, no body came present i.e. neither the defendants nor their counsel. Defendants were proceeded against ex parte and the case was adjourned to 28.7.1997. On 28.7.1997, suit was decreed ex parte. It was denied that Sh. Gulshan Arora, Advocate appeared in the case on 21.7.1997 or that the case was adjourned to 28.7.1997 for evidence.