GOPAL KRISHNA BHUWALKA Vs. VINOD KUMAR

JUDGEMENT

(1.) The present misc. appeal has been filed against order dtd. 20/7/2022 passed by the Additional District Judge, Ratangarh, District Churu in Civil Misc. Case No.17/2001 whereby the application under Order 9 Rule 13, CPC as filed on behalf of the defendant appellant Gopal Krishna stood dismissed.

(2.) The facts are that suit No.75/92 (48/87) was filed by the plaintiffs for possession, declaration and mesne profit against 13 defendants, the present appellant Gopal Krishna being defendant No.5. After being served in the said suit, power was filed on behalf of appellant - defendant no. 5 in the year 1987 itself. The suit was pending before the Court of District Judge, Churu and was subsequently transferred to the Court of Additional District Judge, Ratangarh in the year 1992. After the suit being transferred to Ratangarh, as none appeared on behalf of appellant defendant no. 5, vide order dtd. 29/4/1992, it was directed to proceed ex parte against him. Ultimately, ex parte decree dtd. 11/12/2000 was passed in the suit.

(3.) An application under order 9 Rule 13, C.P.C was filed by appellant - defendant No.5 on 21/5/2001 before the learned Trial Court to get ex parte decree dtd. 11/12/2000 set aside. It was submitted in the application that the appellant was not informed by his counsel of the suit proceeding been transferred to Ratangarh and hence, he could not pursue the same. Subsequently he got unwell and suffered from mental disorder and hence, could not pursue the suit proceedings. It is only on 20/5/2001 when one Deendayal Nohal met him and informed him of some Court Commissioner having visited the property in question that he came to know about the ex parte decree and hence, moved the application with a prayer to set aside the same on the very next date that is, 21/5/2001.