KACHCHA URAON Vs. CHHOTAN URAON

JUDGEMENT

(1.) This petition by the plaintiff arises out of a suit for declaration of title and recovery of possession over 7.97 acres of land, comprised in Khata No. 250, Khewat No. 8/2, village Ganga, P. S. Basia, district Ranchi, numbered as Title Suit 50 of 1960. The plaintiff's case was that the suit lands were exclusive Bhuiari lands of the plaintiff and defendant No. 5 and they were in exclusive possession of those lands. The plaintiff challenged the right of defendants Nos. 1 to 4 and 6 to have any interest in the lands. The order of the Magistrate under Section 145, Code of Criminal Procedure, holding the defendants to be in possession, was unwarranted and not justified by the facts and circumstances.

(2.) The defendants were duly served with summons and the contesting defendants appeared and filed written statement. The defendants denied the title and possession of the plaintiff petitioner. After a number of adjournments, however, the suit was taken up for trial. The defendants did not appear and, accordingly, an ex parte decree was passed on the 22nd November, 1961.

(3.) On the 11th of January, 1962, defendants Nos. 2 and 6 filed a petition under Order IX, Rule 13, Code of Civil Procedure, to set aside the ex parte decree, on the ground that defendant No. 2 was lying ill for six- months and he came to know of the ex parte decree, for the first time, from one Balu Ghasi Defendant No. 6 was a minor and hence defendant No. 2 was the only adult member to look after the case. In these circumstances, the application was filed for setting aside the ex parte decree.