Makkhan Lal vs Jagat Bahadur Singh and others

Abhinava Upadhya, J.

By means of this writ petition the petitioner is seeking a direction that his application filed under Order IX Rule 13 CPC for recalling the exparte decree be considered and decided by the court below.

It is submitted that the respondents have filed a suit being Civil Suit No. 658 of 1985 for permanent injunction against the petitioner.

It is claimed by the petitioner that no notice was ever served upon him and the Civil Judge (Junior Division), Allahabad vide judgment dated 10.5.2002 passed an ex parte decree against the petitioner. The petitioner for the first time came to know of the said judgment and decree in the year 2002 and immediately thereafter he filed an application under Order IX Rule 13 CPC and since then the application has remained pending. The petitioner has filed an order sheet of the court below and it does appear that for the past 10 years the matter has remained pending.

Learned counsel for the petitioner submits that the notices have also been served upon all the contesting parties.

Learned counsel for the petitioner confines his prayer only to the extent that the aforesaid application of the petitioner be decided early.

Under the circumstances, this writ petition is being disposed of with the direction that the court below would consider the aforesaid application of the petitioner and pass appropriate orders on the same keeping in mind the interest of both the parties and without granting any unnecessary adjournment to either of the parties.

With the aforesaid direction/observation, the petition stands finally disposed of.