GOPAL PRADHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant civil revision application is directed against the order dtd. 12/10/2023 passed by learned Principal District Judge, East Singhbhum, Jamshedpur in Civil Misc. Appeal No. 14 of 2022, whereby and whereunder the appeal preferred by the respondent nos. 1 and 2 under Order XLIII Rule 1(d) of the Code of Civil Procedure against the order dtd. 22/9/2022 passed by learned Civil Judge, Senior Division-I, Jamshedpur in Civil Misc. Case No. 02 of 2015, which was filed under Order IX Rule 13 read with Sec. 151 of the Code of Civil Procedure for setting aside the ex parte decree dtd. 30/7/2012 passed in Title Suit No. 88 of 2004, was allowed by setting aside the ex-parte decree passed in Title Suit No. 88 of 2004 and restored the suit to its original number for hearing on merits,.

(2.) Learned counsel for the petitioners assailing the impugned order has mainly argued that the learned appellate court in an appeal filed under Order XLIII Rule 1(d) of the Code of Civil Procedure, while setting aside the order passed by the learned Civil Judge, Senior Division-I, Jamshedpur, on application under Order IX Rule 13 read with Sec. 151 of the Code of Civil Procedure, has ignored the conditions laid down under Order IX Rule 13 of Code of Civil Procedure for setting aside the ex-parte decree and acted beyond jurisdiction while allowing the Misc. Appeal only on the ground of securing trial on merits for the sake of principles of natural justice. Learned appellate court has palpably failed to consider that there was effective service of notices / summons in the Title Suit No. 88 of 2004 upon respondent no. 2 namely, Executive Engineer, Subarnrekha Canal Division, Sankosai, Mango, Jamshedpur.

(3.) It is further submitted that the suit was contested by respondent no. 1, The State of Jharkhand, but no written statement was filed, although relief was sought specifically against the respondent no. 2, therefore, ex-parte decree has rightly been passed and the Misc. Petition filed by the defendant / respondent no.2 was also dismissed on merits after taking evidence by the learned trial court. Therefore, the learned appellate court had no occasion and valid reasons to quash the order passed by the learned Civil Judge, Senior Division-I, Jamshedpur.