PRABHATI LAL Vs. SURAJI

JUDGEMENT

(1.) Petitioner-plaintiff, by way of instant revision petition, has invoked the jurisdiction of High Court under Sec. 115 of the Code of Civil Procedure, against the order dtd. 7/8/2007 passed in Civil Misc. Appeal No.44/2001 by the Court of Additional District Judge, Neem Ka Thana, Sikar whereby and whereunder application filed by respondents-defendants under Order 9 Rule 13 CPC has been allowed on payment of cost of Rs.7000.00 and the ex parte judgment and decree dtd. 9/4/2001, passed in Civil Suit No.23/1992 (B.T. No.5/1993) titled as Prabhati Lal v. Smt. Suraji Devi, for specific performance and permanent injunction, has been set aside, and simultaneously the order dtd. 16/7/2001 passed by the Court of Civil Judge (Junior Division), Neem Ka Thana, dismissing the application under Order 9 Rule 13 CPC has been quashed.

(2.) Matter came up on an application for extension of stay order dtd. 5/9/2007, however, since revision petition was pending for hearing since about 15 years, with consent of counsel for both parties, final arguments on the revision petition itself have been heard on merits.

(3.) Before adverting to the issue involved in the instant revision petition, it is necessary to recapitulate the facts of present case, as culled out from the record, which are as under: