JANKI DEVI Vs. NANDAN KUMAR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order passed on 8.1.2003 by Sub -Judge I, Hajipur in Misc. Case No. 9/2001 by which the miscellaneous case filed by the appellant under Order 9 Rule 13 and Sec.151 C.RC. has been dismissed.

(2.) IT appears that Title Suit No. 437/ 2000 was filed by the respondent/plaintiff for part performance of contract for sale. The said suit was heard ex parte and ex parte decree was passed. For setting aside the said decree Misc. Case No. 9/2001 was filed by the original defendant of the suit, namely, Golia Devi. In course of pendency of the said miscellaneous case, the original defendant (petitioner of the Misc. Case) died and her daughter Janki Devi was substituted, who is the appellant before this Bench.

(3.) LEARNED counsel appearing on behalf of the respondent opposed the submissions and contended that the learned court below was justified in rejecting the petition. He has properly appreciated the evidence and has disbelieved the evidence adduced on behalf of the appellant and has passed the impugned order particularly in view of the evidence of the court peon and the witnesses examined in proof of service and the postal peon.