RAJA RAM Vs. SHILLO AND ORS.

JUDGEMENT

(1.) THIS petition is directed against the order dated 1.10.2012 passed by the Judicial Magistrate 1st Class, Court No. 2, Paonta Sahib, District Sirmaur, in CMA No. 217/6 of 2012 in Civil Suit No. 130/1 of 2011. "Key facts" necessary for the adjudication of this petition are that the respondents -plaintiffs (hereinafter referred to as the "plaintiffs" for convenience sake) filed a suit against the appellant/defendant (hereinafter referred to as the "defendant" for convenience sake), seeking decree of possession of land and house, on the basis of the title.

(2.) THE defendant was served in the suit for filing written statement for 16.11.2011 and the summons were served upon him on 18.10.2011. Since the defendant did not file written statement within a period of 90 days, he moved an application for extension of time under Section 148 of the Code of Civil Procedure on 23.1.2012. The application was allowed subject to costs of Rs. 1000/ - and the period for filing the written statement was enlarged upto 4.2.2012. The defendant did not appear on 4.2.2012 and he was proceeded ex -parte. It is in these circumstances, the defendant filed an application under Order IX Rule 7 read with Section 151 of the Code of Civil Procedure for setting aside the order dated 4.2.2012. The learned trial court dismissed the aforesaid application on 1.10.2012.