NEERAJ KUMAR Vs. LAXMI NATH GOPE

JUDGEMENT

(1.) Petitioners are the original defendants in Title Suit No.150/2009 which was filed for declaration that power of attorney bearing registered Sale Deed No.3054 dtd. 29/12/2008 and the registered Sale Deed No.386 dtd. 29/1/2009, were vitiated by fraud and misrepresentation and consequently, non-binding on the plaintiff.

(2.) The said suit was decreed ex-parte and the defendants moved the trial Court under Order IX Rule 13 of the CPC to set aside the judgment and decree passed ex-parte which was dismissed vide order dtd. 16/7/2018 in Misc. Case No.10/2014. The defendants preferred appeal under Order XLIII Rule 1(d)) of the CPC before the Additional Judicial Commissioner, Ranchi, being Misc. Civil Appeal No.01/2018 which has also been dismissed on 18/1/2020 and being aggrieved by the order, instant civil miscellaneous petition has been filed.

(3.) It is argued by the learned counsel on behalf of the petitioners that the registered instrument of conveyance has a presumptive value and in order to cancel or declare such an instrument, there needs to be pleading and evidence. Here in the present case, without due service of notice, the registered power of attorney and the sale-deeds have been cancelled by passing an ex-parte order.