HARDEO SINGH Vs. RAMAVATI DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is defendant-applicant-appellant of Title Suit No. 34 of 1986 which was filed by the sole opposite party for declaration that the deed of gift executed by the plaintiff in favour of the defendant (petitioner) was forged, void and fraudulent.

(3.) It transpires that the defendant-petitioner appeared in the suit on 17.11.1990, but thereafter left pairvi of the case and by order dated 14.7.1992 the suit was fixed for ex-pane hearing and the same was decreed ex-parte on 19.8.1992. Thereafter also much time lapsed and the defendant-petitioner filed Misc. Case No. 1 of 1994 under Order IX Rule 13 of the Code of Civil Procedure (hereinafter referred as the 'Code') for the sake of brevity) for setting aside the ex-parte decree against the defendant. The said Misc. Case was dismissed on 17.9.1998 by the learned trial Court on the grounds that the case was hit by the law of limitation and that the ex-parte order passed under Order VIII Rule 10 of the Code was an appealable order, so the Misc. case was not maintainable.