MOHRU Vs. SARA DEVI

JUDGEMENT

(1.) By way of this writ petition, the defendants-petitioners have assailed the order dated 16/09/2015 passed by the Additional Sr. Civil Judge and Additional Chief Judicial magistrate No.1, Jaipur District, Jaipur (herein after referred to as 'trial court') in Civil Suit No.49/2013 (62/2000) whereby the application moved by the defendants-petitioners under Section 10 CPC has been rejected.

(2.) The brief facts, which need to be noted for disposal of the present writ petition, are that the defendants-petitioners had earlier filed a suit on 19/08/1999 for declaration and cancellation of adoption deed dated 25/01/1962 whereby the defendant-Bheru allegedly was said to have been adopted and gone into adoption to Mahadev. The said suit came to be decreed ex-parte vide judgment dated 25/04/2003 and the adoption deed dated 25/01/1962 was cancelled.

(3.) The respondents, who were heirs of Bheru and his son, who expired during pendency of the suit on coming to know of the ex- parte decree, filed two applications under Order 9 Rule 13 CPC, one by respondents No. 1 and 2 and the other one by respondents No. 6 to 8, for setting aside the ex-parte judgment and decree dated 25/04/2003 and the same came to be allowed on 16/11/2007. The judgment and decree dated 25/04/2003 was set aside. Two revision petition bearing No.93/2009 and 84/2009 came to be filed before this Court and the order dated 16/11/2007 passed by the trial court was set aside.