IQBAL KAUR Vs. JAGDISH PEASAD

JUDGEMENT

(1.) The present writ petition is filed by the Petitioners while challenging the validity of the order dated 13.10.2006 (Annexure. 5) passed by the Additional District Judge, Rai Singhnagar District Sri Ganganagar and the order dated 25.3.2004 (Annexure 4) passed by the Civil Judge (Junior Division), Vijaynagar District Sri Ganganagar. The application under Order 9 Rule 13 read with Section 151 CPC preferred by the petitioners 1 to 8 for setting aside the ex-parte decree dated 6.11.2003 (Annexure 2), passed in civil suit No. 6/99, is dismissed by order dated 25.3.2004 (Annexure 4), whereas appeal against it, is also dismissed by order dated 13.10.2006 (Annexure 5). The brief facts of the case are that the respondent No. 1 has filed a civil suit on 11.1.1999 in the Court of Civil Judge (Jr. Div.) Sri Vijaynagar Distt. Sri Ganganagar for cancellation of sale deed dated 6.9.1965, executed by Bodaram (father of respondent No. 1) in favour of Jarnail Singh & Kamail Singh for sale of 24 bighas of Nahari land of Chak No. 2 BLD A and B of Tehsil Sri Vijaynagar District Sri Ganganagar. The learned Civil Judge vide order dated 15.3.1999 has issued summons to the defendants and fixed the next date as 23.4.1999. Later on the learned Civil Judge (Junior Division), Sri Vijay Nagar has ordered ex-parte proceedings against the defendants No. 1 to 10, 15 and 18 on 14.1.2003 and thereafter ordered ex-parte proceedings against the defendants No. 11 to 14, 16 & 17 on 24.9.2003. Learned Civil Judge, Sri Vijaynagar has thereafter decreed the suit, filed by the respondent No. 1 Jagdish Prasad, vide judgment dated 6.11.2003 and has cancelled the sale deed dated 6.9.1995 executed by Bodaram in favour of Jarnail Singh & Kamail Singh.

(2.) The petitioners No. 1 to 8 were defendant in the suit No. 6/99 whereas petitioners No. 9 to 11 were joined as petitioners by the order of this Court "dated 3.3.2008.

(3.) The petitioners being aggrieved by the judgment and decree dated 6.11.2003 has filed an application under Order 9 Rule 13 read with Section 151 C.P.C. for setting aside the ex-parte decree dated 6.11.2003 (Annexure 2). The said application, preferred by the petitioners, was dismissed b the learned Civil Judge, Shri Vijay Nagar vide order dated 25.3.2004 (Annexure 4). The petitioners No. 1 to 8 thereafter have preferred appeal in the court of learned Addl. District Judge, Rai Singh Nagar however, the said appeal was also dismissed by the learned Addl. District Judge, Rai Singhnagar vide order dated 13.10.2006 (Annexure 5) and hence the petitioners No. 1 to 8 have preferred this writ petition while challenging the order dated 13.10.2006 (Annexure 5) passed by the learned Addl. Sessions Judge, Sri Raisinghnagar as well as the order dated 25.3.2004 (Annexure 4) passed by the Civil Judge; Sri Vijaynagar and has claimed following reliefs in the writ petition: