NANDU Vs. TAMMU

JUDGEMENT

(1.) The present appeal has been filed against the order dtd. 23/7/2024 passed by Additional District Judge No.3, Bhilwara in Civil Original Suit No.51/2024 whereby the application under Order 9 Rule 13 read with Sec. 151, CPC as filed on behalf of applicant-defendant No.1, stood rejected.

(2.) The case of the applicant is that in the suit for partition and permanent injunction as preferred on behalf of the respondents-plaintiffs, after service of notice on her, she engaged a lawyer who had assured her that she would be informed about the case proceedings as and when required. However, she received no information from the counsel and it was only in the year 2021 when the notice for final decree was served on her that she came to know about the judgment and decree dtd. 15/12/2024 passed ex-parte against her.

(3.) It is further submitted that at the first instance, she preferred S.B. Civil First Appeal No.221/2022 before this Court challenging the judgment and decree dtd. 15/12/2014 but then withdrew the same with a liberty to move an application under Order 9 Rule 13, CPC. In pursuance to the liberty granted in the said First Appeal, the present application in question under Order 9 Rule 13, CPC was filed by the applicant on 12/12/2023.