DEVA AND ANR. Vs. NANI

JUDGEMENT

(1.) Heard learned counsel.

(2.) This revision petition is directed against the order dated 31/1/2011, whereby, the learned court below has allowed the application under Order 9 Rule 13 CPC filed by the defendant Nani w/o Badri for setting aside the ex-parte decree dated 6/10/2006 passed in civil suit No. 20/2006 (Deva Ram & anr. v. Nani w/o Badri).

(3.) Learned trial court in the impugned order has found that during the pendency of the application under Order 9 Rule 13 CPC, an application was got filed by the defendant Nani on 13/11/2007, an illiterate lady, that on account of compromise, she does not want to pursue the application under Order 9 Rule 13 but later on filed an application that said application for compromise was filed by misleading her and obtaining her signature/giving thumb impression on the paper, contents of which were not known to her. In these circumstances, the learned trial court set aside the ex-parte decree and allowed the application filed by the defendant.