MAHENDAR KUMAR GOYAL
Ram Gopal S/o Panna Singh (deceased) – Appellant
Versus
Mangi Lal @ Mangya (deceased) S/o Daalu – Respondent
JUDGMENT :
1. By way of this revision petition, the petitioners/plaintiffs (for brevity, “the plaintiffs”) assail the legality and validity of the order dated 29.05.2015 passed by the learned Additional District Judge, Chabra, District Baran (for brevity, “the learned Appellate Court”) in Civil Misc. Appeal No.10/2014 whereby, while allowing the appeal, the order dated 23.08.2014 passed by the learned Civil Judge (Senior Division) Atru, District Baran (for brevity, “the learned trial Court”) dismissing the application filed by the predecessor-in-interest of the respondents/defendants (for brevity, “the defendant”) under Order 9 Rule 13 read with Section 151 CPC, has been quashed and the ex-parte judgment and decree dated 24.05.2000 has been set aside.
2. The relevant facts in brief are that the suit for specific performance of the agreement filed by the plaintiffs against the defendant was decreed ex-parte by the learned trial Court vide judgment dated 24.05.2000. Alleging that he was never served with summons, the defendant-Late Mangi Lal @ Mangya filed an application under Order 9 Rule 13 read with Section 151 CPC for setting aside the ex-parte judgment and decree dated 24.05.2000
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