FIROZ KHAN Vs. BIBI HASINA KHANAM

JUDGEMENT

(1.) In a suit instituted in 1970 protracting for about nine years with both the plaintiffs and the court hopefully but vainly waiting for the defendants to appear and contest the suit, an ex parte decree was ultimately passed on 13-1-1979. Appellant No. 1 joined by his three brothers attempted to get the decree set aside by an application under Order 9, Rule 13, Civil Procedure Code (in short 'the Code'). Having failed, he along with the two non-applicants has filed this miscellaneous appeal.

(2.) The suit was instituted by one Deoki Singh for self and as guradian of his minor daughter for partition against his Sita Ram Singh, defendant No. 1 in the suit, on the plea that Sita had fallen in bad company, become wayward and was squandering away property. The plaintiffs impleaded Ful Kuutari Devi, Deoki's wife, as proforma defendant 2nd party and the transferees as proforma defendants 3rd party. Some other transferees from Sita Ram,, including the applicants/ appellants were added as proforma defendants later, some of them were transferees prior to the institution of the suit while others transferees pendent lite. On the death of Deoki Singh Ful Kumari Devi was transposed as plaintiff 1st party.

(3.) Sita Ram Singh filed written statement contesting the plaintiffs claim but did not persue the context. The transferees did not appear in the suit at all. In the circumstances, decree was passed ex parte on 13-1-1979.