SHAKUNTI DEVI Vs. NAWAL KISHORE SHARMA

JUDGEMENT

(1.) THE civil revision application was originally filed by defendant appellant, Smt. Shakunti Devi. During the pendency of this civil revision application a petition was filed for adding one Brajesh Kumar and another Vikash Kumar as petitioners in the revision application on the ground that they are transferees from the original petitioner of this revision application. The petition was allowed by this Court on 19th of September, 1996 and they have also been impleaded as petitioners and were heard.

(2.) THE order dated 5th of July, 1994 passed by the learned 5th Additional District Judge in Misc. Appeal No. 30 of 1992 is under challenge in this case. By the impugned appellate order and judgment the appellate Court dismissed the appeal and confirmed the order dated 18th of May, 1992 passed in Misc. Case No. 1/89 and held that the ex parte judgment and decree passed in Title Suit No. 165/86 is legal and justified.

(3.) THE defendant petitioner No. 1 filed an application on 4th of January, 1989 under Order IX, Rule 13 and Section 151 of the Code of Civil Procedure for setting aside the ex parte decree. It was registered as Misc. Case No 1/89 and after contest the Court of Sub judge, Begusarai dismissed the said Misc. Case No. 1/89. Thereafter when the defendant petitioner preferred appeal being Misc. Appeal No. 30/92 the same has been dismissed by the impugned judgment dated 5th of July, 1994.