GIAN CHAND Vs. RAJ KUMARI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner, who was the plaintiff before the learned trial Court, challenging the order passed by the learned Civil Judge (Junior Division), Barsar, District Hamirpur, allowing application under Order 9 Rule 7 of the Code of Civil Procedure instituted by the respondent-defendant. In the application for setting aside the ex-parte order, the defendant prayed that ex-parte decree passed against her on 24.5.2008 be set aside as there was no valid service for that date nor she had received the copy of summons along with copy of document(s). Her case was that she first gained knowledge about this fact on 9th November, 2008, when the plaintiff-petitioner held out threats to dismantle the projection of her house. She made inquiries and thereafter she found that an ex-parte decree has been passed against her and in these circumstances, she filed an application for setting aside the ex-parte decree with an application under Section 5 of the Limitation Act for condoning delay, which according to her, was bona fide.

(2.) On the pleadings of the parties, the learned trial Court settled two issues. The first related to the crucial fact as to whether there was sufficient ground to set aside the order and whether there was sufficient ground for condoning delay. The second issue was with respect to the maintainability of the petition and third was the relief which could be granted.

(3.) In support of their respective contentions, the respondent appeared as AW1 and stated that she came to know about the fact of ex-parte decree having been passed against her on 9.11.2008 when the plain tiff-petitioner herein threatened her to obtain orders for demolition of the projection of her house. She stated that no summons were served on her. When she was cross examined and confronted with the summons Ext. R-1, she disowned her signatures stating that they were not hers. She did not admit her signatures on summons Ext. R-2, power of attorney Ext. R-3 and the application filed by her under Section 5 of the Limitation Act.