MANGI LAL Vs. KANA RAM

JUDGEMENT

(1.) The present civil writ petition has been filed assailing the judgment dtd. 27/1/2026, passed by learned Additional District Judge No.1, Sambhar Lake, District Jaipur, in Civil Misc. Appeal No.11/2025 (NCV No. 11/2025), whereby the learned Appellate Court dismissed the appeal preferred by the defendant-petitioner under Order 43 Rule 1 CPC and upheld the order dtd. 8/12/2025, passed by learned Senior Civil Judge, Sambhar Lake, District Jaipur, in Civil Misc. Application No. 09/2023 (NCV No. 09/2023), whereby the application filed by the defendant-petitioner under Order 9 Rule 13 read with Sec. 151 CPC was rejected.

(2.) Briefly stated, the facts of the case are that the plaintiffs-respondents instituted a suit for specific performance of an agreement dtd. 10/7/1982 and for perpetual injunction against Mangi Lal (the present petitioner) and Hariprasad on 20/2/2008. Notices were issued to the defendants, including the present petitioner, on 22/2/2008, and the matter was fixed for 23/2/2008. Upon holding that service was sufficient, the learned Trial Court proceeded ex-parte against the defendants, including the present petitioner on 23/2/2008 and posted the matter for ex-parte evidence of the plaintiffs-respondents. Ultimately, the suit was decreed ex-parte vide judgment dtd. 28/7/2022.

(3.) Being aggrieved by the aforesaid order and judgment, the petitioner has filed the present writ petition.