SHABBIR Vs. ISMAIL ALI @ BABU KHAN

JUDGEMENT

(1.) This revision petition has been directed against the order dtd. 4/4/2018 passed by the Civil Judge, Junior Division, Sikar in Civil Miscellaneous Case No.147/2015 whereby the application under Order 9, Rule 13 CPC was allowed and consequently the ex-parte decree dtd. 15/4/2015 was set aside.

(2.) Brief facts giving rise to this revision petition are that the plaintiff-petitioner filed a suit for ejectment and permanent injunction on 6/8/2014 against the respondent-defendant. When respondent-defendant was not present in the trial court, the suit proceeded ex-parte vide order dtd. 15/10/2014. Thereafter, the suit was decreed ex-parte on 15/4/2015. On 31/8/2018, defendant-respondent submitted an application under Order 9, Rule 13 CPC for setting aside ex-parte judgment and decree dtd. 15/10/2014 on the ground that the summons were not duly served upon him. Therefore, he was unable to appear in the Court. It is prayed that ex-parte decree dtd. 15/10/2014 be set aside. Reply to the application filed by the plaintiff-applicant wherein it is stated that in compliance of the decree dtd. 15/10/2014, plaintiff has already taken possession of the disputed property by executing the decree. The defendant-respondent was residing in the same premises. But he deliberately refused to receive the summons. After that the Court adjourned the proceedings many times. And ultimately when the defendant-respondent failed to appear in the Court, ex-parte decree was passed. Therefore, the application under Order 9, Rule 13 CPC is liable to be dismissed. The Trial court after hearing both the parties set aside the ex-parte decree vide impugned order dtd. 4/4/2018.

(3.) Hence, this revision petition.