BHARTA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the orders dated 9.2.2010 (Annex.9) passed by the SDO, 30.1.2018 (Annex.11) passed by the Board of Revenue, whereby, the application filed by respondent under Order IX Rule 13 CPC has been accepted and revision petition filed by the petitioner has been rejected, respectively and order dated 1.10.2019 (Annex.13) passed by the Board of Revenue, whereby, the review petition filed by the petitioner has also been rejected.

(2.) A suit was filed by the petitioner for partition. The service on the respondents was affected by way of affixation in presence of two witnesses, when none appeared for the respondents, the SDO passed ex-parte preliminary decree. The Commissioner gave his report (Annex.3), based on which, the final decree was passed on 26.6.2008. The respondents filed application under Order IX Rule 13 CPC seeking setting aside of the ex-parte decree.

(3.) During pendency of the said application, the petitioner in the first instance moved application under Order XIX Rule 1 and 2 CPC seeking production of the process server and the two witnesses for cross-examination, however, the application was rejected. Whereafter, the petitioner filed reply to the application under Order IX Rule 13 CPC principally raising objection about the application being barred by limitation and the same being not accompanied by application under Section 5 of the Limitation Act.