MOOL CHAND ADOPTED Vs. PRABHU DAYAL

JUDGEMENT

(1.) This writ petition has been filed under Articles 226, 227, 14, 16 and 300A of Constitution of India and Order 9 Rule 13 of CPC, against ex-parte judgment and decree dtd. 22/12/1987 in Civil Suit no.96/83 and the order dtd. 10/1/2014 passed by learned Civil Judge, Neem ka thana in Civil Application No.12/2011 and the order dtd. 13/4/2015 passed by learned Additional District Judge, Neem ka thana in 3/2014.

(2.) Learned counsel for the petitioner submits that respondent No.1 had filed the civil suit regarding cancellation of adoption deed dtd. 26/11/1982. The said suit was decreed on 22/12/1987 ex- parte. Learned counsel for the petitioner submits that the petitioner had filed the application under Order 9 Rule 13 CPC before the trial court on 28/5/2011. Learned counsel for the petitioner submits that in the civil suit, advocate of the petitioner had pleaded no instruction on 11/12/1987. It was obligation on the trial court to inform the petitioner regarding the civil suit but trial court had not sent the notice to the petitioner. Learned counsel for the petitioner submits that respondent No.1 had attacked on the petitioner and he was under treatment. So, he could not attend the trial court. He came to know regarding the ex-parte against him on 12/5/2011 and he had filed the application within limitation but trial court wrongly dismissed the application filed by the petitioner. Learned counsel for the petitioner submits that petitioner had filed the appeal of the said order but appellate court vide order dtd. 13/4/2015 wrongly dismissed the appeal filed by the petitioner. Learned counsel for the petitioner submits that in the interest of justice, order of trial court as well as appellate court be set aside on cost and one chance be given to petitioner to participate in the suit.

(3.) Learned counsel for the petitioner has placed reliance upon the judgments in the case of Mahesh Kumar Joshi v. Madan Singh Negi reported in 2015(1) WLC (SC) Civil 453, National Bank Limited v. Ghanshyam Das Agarwal and Ors. reported in 2015(1) WLC (SC) Civil 455, Executive Officer, Antiyur Town Panchayat v. G. Arumugam (D) by LRs. reported in 2015(1) WLC (SC) Civil 443, Laxmidevamma and Ors v. Ranganath and Ors reported in 2015(1) WLC (SC) Civil 444, Sheetal Khandelwal v. Rajasthan Financial Corporation and Ors reported in 2014 WLC (Raj.) UC 564, Tahil Ram Issardas Sadarangani and Ors v. Ramchand Issardas Sadarangani reported in 1993 Supp (3) SCC 256, Malkiat Singh and Anr. v. Joginder Singh and Ors. reported in AIR 1998 SCC 258.