LAKHI DEVI Vs. KAMAL KISHORE DUBEYBIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal has been preferred, under Order XLIII Rule 1(d) of the Code of Civil Procedure, against the order dated 05.03.2008 passed by learned Additional District Judge, FTC No.5, Siwan, in Miscellaneous Case No.2 of 2006 under Order IX Rule 13 of the Code of Civil Procedure.

(3.) A brief background of this case is that respondents had filed Probate Case No.4 of 1992 in the Court of learned District Judge, Siwan, for grant of Probate in respect of the Will said to be executed by late Suraj Lal Dubey. The probate matter was contested by the appellant Most. Lakhi Devi. As such, the probate case was converted into Title Suit No.1 of 1992/1 of 2004. During pendency of the suit, the appellant could not do pairvi of the case regularly. Hence, ex parte judgment was passed in the title suit on 21.11.2005. Thereafter, the appellant filed a petition bearing Misc. Case No.2 of 2006 under Order IX Rule 13 of the Code of Civil Procedure. The miscellaneous case was dismissed on contest by the impugned order for the reason that the appellant failed to establish reasonable cause for her non-appearance in the suit. For this conclusion the learned Court-below considered the material on record.