GAMBHARI Vs. VED PRAKASH

JUDGEMENT

(1.) By way of instant petition, the petitioner has invoked revisional jurisdiction of this Court under Sec. 115 of the Code of Civil Procedure (for short the 'Code'), to assail order dt. 9/1/2020, passed by the learned District Judge Bilaspur in Civil Miscellaneous Appeal No. 5/14 of 2019, whereby the order dt. 31/5/2019, passed by learned Civil Judge, Bilaspur in CMA No. 193/6 of 2009 has been affirmed.

(2.) The respondents herein (hereinafter referred to as the plaintiffs) had filed Civil Suit No. 54-1 of 2002 against the petitioner herein (hereinafter referred to as the defendant) for recovery of Rs.54,450.00 in the Court of learned Civil Judge, Bilaspur, District Bilaspur, H.P. The defendant was proceeded against ex-parte in the said suit and resultantly, an ex-parte decree was passed by the learned Civil Judge, Bilaspur on 30/7/2007 in favour of the plaintiffs.

(3.) The defendant filed an application under Order 9 Rule 13 of the Code for setting aside ex-parte decree dt. 30/7/2007, passed in Civil Suit No. 54-1 of 2002. The application was presented on 16/10/2009. Another application under Sec. 5 of the Limitation Act was also filed, seeking condonation of delay, if any, in filing the application for setting aside ex-parte decree. However, later, the application under Sec. 5 of the Limitation Act was withdrawn by the defendant.