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ARUN KUMAR JHA
Bechani Devi – Appellant
Versus
Gopi Rai – Respondent
Arun Kumar Jha, J.—The present petition has been filed by the petitioners under Article 227 of the Constitution of India for quashing the order dated 01.09.2016 passed by the learned Additional District Judge-X, Patna in Misc. Appeal No.100/2011 whereby and whereunder the learned first appellate court allowed the appeal and set aside the order dated 14.09.2011 passed by the learned Sub Judge-IV, Patna in Misc. Case No. 19 of 2001/23 of 2008.
2. The conspectus of the case, as it emerges from the records, is that the petitioners filed Title Suit No. 367/1997 in the court of learned Sub Judge-1, Patna seeking relief for grant of decree for specific performance of contract for sale in respect of the suit land on the basis of an agreement of sale (Baibeyana) dated 01.04.1997 executed by the original defendant/ respondent- Kashi Rai. The present respondents are the sons of original respondent. It further transpires that the agreement of sale (Baibeyana) dated 01.04.1997 was executed by Kanshi Rai as he was in urgent need of money and he offered to sale the suit land and the plaintiffs came forward to purchase the suit land for consideration of Rs.58,000/-. The earnest money of Rs. 41,000/
The court emphasized the sanctity of judicial records and the importance of upholding evidence of service of summons unless malafide intent is shown.
The High Court, exercising its extraordinary jurisdiction under Article 227 of the Constitution of India, cannot reappreciate the evidence or substitute its subjective opinion in place of the finding....
The court emphasized the necessity of effective service of summons and adherence to procedural mandates in civil proceedings.
The main legal point established is that the trial court must ensure proper service of summons and comply with the legal requirements for substituted service.
Setting aside ex-parte decree – Defendant has to show and satisfy that summons of suit was not duly served and that defendant was prevented by sufficient cause from appearing when suit was called upo....
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