DEVKRISHNA Vs. KALURAM

JUDGEMENT

(1.) By way of filing the instant civil misc. appeal, a challenge has been led to the impugned order dtd. 9/4/2019 passed by the Additional District Judge No.4, Jaipur, District Jaipur (hereinafter referred to as 'the trial Court') by which the application filed by the defendants-petitioners (hereinafter referred to as 'the defendants') under Order 9 Rule 13 CPC for setting aside the ex-parte judgement and decree dtd. 23/12/2011 has been rejected.

(2.) Learned counsel appearing on behalf of defendants submits that a suit for cancellation of registered sale deed was filed by the plaintiffs-respondents against the defendant and against one person who was witness of execution of the aforesaid sale deed.

(3.) Counsel submits that notice of the aforesaid suit was issued to the defendants on 4/3/2008 and on 10/3/2008, the Process Server submitted a report that the defendants have refused to accept the notice of the plaint and on the basis of the aforesaid report, the trial Court proceeded ex-parte by passing an order dtd. 14/3/2008 and thereafter, the suit was decreed ex-parte vide judgment dtd. 23/12/2011.