BAHARAN YADAV Vs. HARI CHARAN YADAV

JUDGEMENT

(1.) This application is directed against the order dated 27.6.2006 passed by learned Additional District Judge, F.T.C.I, whereby the learned Court below has been pleased to allow the miscellaneous appeal preferred by the defendantopposite party under Order 43 Rule 1(d) of the Code of Civil Procedure (hereinafter referred to as the Code ) bearing Misc. Appeal No. 20 of 2004 and has set aside the order dated 24.7.2004 passed by learned Sub Judge-Ist, Siwan dismissing Misc. Case No. 3 of 2003 filed by the defendant under Order 9 Rule 13 of the Code and after setting aside the ex parte judgment and decree passed in Title Suit No. 231 of 2002 has restored the suit to its original file.

(2.) The petitioner who is a plaintiff in the Court below, filed the suit in question giving rise to Title Suit No. 231 of 2002 for declaration of title and cancellation of sale deed dated 5.6.2002. The summons were issued in the case to the sole defendant-opposite party and the trial Court being satisfied by the service of summons and upon non-appearance of the sole defendant-opposite party proceeded to decide the suit ex-parte and which was decreed in favour of the plaintiff by judgment and decree dated 21.12.2002. The sole defendant on grounds of absence of knowledge about the suit and non-service of summons so issued, preferred a miscellaneous case under Order 9 Rule 13 of the Code giving rise to Misc. Case No. 3 of 2003 but the same was dismissed by order dated 24.7.2004. Being aggrieved, the defendant preferred an appeal under Order 43 Rule 1(d) of the Code giving rise to Misc. Appeal No. 20 of 2004 and which was allowed by the impugned order dated 27.6.2006 and hence the present civil revision application.

(3.) This civil revision application was admitted by this Court by order passed on 16.7.2009 and Lower Court Records have been summoned.