DAMYANTI DEVI Vs. CHANDRA SHEKHAR RAI

JUDGEMENT

(1.) Heard learned counsel for the defendant petitioner and learned counsel for the auction purchaser O.P.

(2.) This revision is directed against the order dated 11th December, 2015, passed by learned Addl. District Judge-IV, Bokaro, in Misc. Civil Appeal No. 9 of 2014, allowing the appeal filed by the auction purchaser O.P., and setting aside the order dated 17.4.2012, passed by the learned Sub-Judge-IV, Bokaro, in Misc. Case No. 41 of 2003, filed by the defendant petitioner under Order XXI Rules 90 and 92, read with Section 151 of the Code of Civil Procedure, whereby the auction sale of her property made in favour of the auction purchaser O.P., was set aside by the learned Sub-Judge, and recovery of possession of half portion of the house in question, in favour of the petitioner Damyanti Devi was ordered.

(3.) The facts of this case, as revealed from the impugned order, are that, one Ram Dayal Singh had filed a title suit, bearing Title Suit No. 28 of 1992, against Surajdeo Prasad Verma and his wife, the present petitioner, namely, Damyanti Devi, for realization of Rs. 40,000/- from the aforesaid defendants and also for an injunction against the defendants from transferring the suit property detailed in schedule to the plaint. The case of the plaintiff Ram Dayal Singh was that he had given the friendly Civil Revision No.07 of 2016 loan of Rs. 40,000/- to the defendants on their demand, which was not being refunded to the plaintiff. Upon notice, both the defendants appeared in the suit and filed their joint written statement, but they did not adduce any evidence. The plaintiff examined the witnesses in the suit, who were cross-examined on behalf of the defendants, but no evidence was adduced by the defendants, and the suit was decreed in favour of the plaintiff through Judgment and Decree dated 28.8.1997, directing the defendants to pay the decreetal amount with simple interest @ 12% per annum.