RAJ RANI Vs. SEETA DEVI

JUDGEMENT

(1.) By way of this petition, filed under Sec. 115 of Code of Civil Procedure, the petitioner herein assails order dtd. 10/12/2018, passed by the Court of learned Senior Civil Judge, Una, District Una, H.P., in Civil Miscellaneous Application No.307-VI-2017, titled as Raj Rani Versus Seeta Devi, vide which an application filed by the petitioner, under Order 9, Rule 13 of the Code of Civil Procedure for setting aside judgment and decree passed against her was dismissed, as well as the judgment dtd. 7/6/2019, passed by the Court of learned Additional District Judge,-1, Una, District Una, H.P., in Civil Miscellaneous Appeal No.01 of 2019, titled as Raj Rani Versus Seeta Devi alias Surjit Kaur, whereby the Civil Miscellaneous Appeal preferred by the present petitioner against the rejection of the application by the learned Trial Court was also dismissed.

(2.) Brief facts necessary for the adjudication of the present petition are that the respondent herein filed a suit for declaration to the effect that the parties i.e. the respondent and the petitioner were joint owners-in-possession in equal share of the suit land being daughters of Rattan Chand and that Will dtd. 22/7/2009 alleged to have been executed by deceased Rattan Chand was illegal, null and void, in-operative and in-effective. Vide order dtd. 21/8/2012, the petitioner was proceeded against ex parte in the Civil Suit. An ex parte decree was passed in favour of the petitioner and against the defendant by the learned Trial Court on 10/4/2017.

(3.) The petitioner preferred an application under Order 9, Rule 13 of the Code of Civil Procedure, praying for setting aside order dtd. 21/8/2012, vide which she was proceeded against ex parte by the learned Trial Court, as well as the judgment and decree passed by the learned Trial Court on 10/4/2017, which was ex parte. Alongwith this application, one more application was filed under Sec. 5 of the Limitation Act, praying for condonation of delay in filing the application under Order 9, Rule 13 of the Code of Civil Procedure. Learned Trial Court after allowing the application filed under Sec. 5 of the Limitation Act and by condoning the delay in filing the application under Order 9, Rule 13 of the Code of Civil Procedure, dismissed the application filed under Order 9, Rule 13 of the Code of Civil Procedure vide order dtd. 10/12/2018. The order in appeal has been upheld by the learned Appellate Court vide judgment dtd. 7/6/2019.