UMA GUPTA AND ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) INSTANT appeal has been filed by the defendant -appellants under Order 43 Rule 1(d) CPC read with Section 104 CPC assailing order dated 12.8.2009 passed by Additional District & Sessions Judge No. 1, Ajmer, in Civil Misc. Case No. 13/2003, whereby the trial court has dismissed the application filed by the defendant -appellants under Order 9 Rule 13 read with Section 151 CPC, refusing to set aside the ex parte judgment and order dated 6.2.2003 passed in Civil Suit No. 46/1998.

(2.) BRIEF facts of the case are that the plaintiff -respondent Union of India, filed a suit for declaration on 22.5.1998 before the trial court against one Babulal Gupta, who is husband/father of the defendant -appellants. During pendency of the said suit, Babulal expired and the defendant -appellants, being his legal heirs, were brought on record by the trial court and later -on, vide order dated 5.4.2002 the matter was ordered to be proceeded ex parte against the defendant -appellants. Thereupon the defendant -appellants filed an application on 1.10.2002 for setting aside the ex parte proceedings, but the trial court vide order dated 23.1.2003 dismissed the application under Order 9 Rule 7 CPC, and thereafter passed judgment and decree dated 6.2.2003. The defendant -appellants, thereafter filed an application under Order 9 Rule 13 CPC read with Section 151 CPC before the trial court on 20.3.2003 and the plaintiff -respondent filed reply to the said application 14.11.2002, praying for dismissal of the application. The defendant -appellants produced AW -1 Rajendra Gupta in their evidence and the plaintiff -respondent produced NAW -1 Harish Mudgal on its behalf. The trial court, however, dismissed the application filed by the defendant -appellants under Order 9 Rule 13 CPC read with Section 151 vide order impugned dated 12.8.2009. Hence the present appeal has been preferred by the defendant -appellants assailing the order dated 12.8.2009 passed by the trial court.

(3.) THIS Misc. Appeal came to be decided by this Court on 19.5.1997 wherein the Union was given liberty to institute a civil suit for setting aside the decree passed by District Judge, Ajmer, on the basis of award dated 4.2.1984.