Back
PRADEEP KUMAR SRIVASTAVA
Sahdeo Choubey – Appellant
Versus
Arjun Choubey – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioners Mr. Sanjay Kumar Tiwari. However, the respondents did not appear inspite of valid service of notice.
2. This writ petition has been filed under Article 227 of the Constitution of India for quashing the order dated 18.09.2017 passed by the learned Additional Civil Judge (Junior Division), Garhwa in Original Title Suit No. 28 of 2016 (hereinafter called as impugned order) whereby and whereunder, the learned Additional Civil Judge (Junior Division) has rejected the application of petitioners/defendants under Order 9 Rule 7 read with Section 151 CPC.
3. Factual matrix giving rise to this petition is that the respondent no. 1/plaintiff has instituted the aforesaid Title Suit against present petitioners/defendant nos. 1, 3 and 4 and proforma defendants nos. 2, 5 and 6/proforma respondent nos. 2, 3 and 4 seeking declaration of their right, title and share in the suit land and further declaration that the deed of gift executed in favour of the defendants/petitioners in the year 1986 is void, ab-initio and inoperative, conferring and conveying no title.
Argument on behalf of the petitioners:
3. Learned counsel for the petitioners assailing
The right of the petitioner to contest the matter in execution proceedings and the imposition of appropriate cost to allow participation, as provided under Order 9 Rule 7 of CPC.
It is not required for a defendant to vacate an order to proceed ex-parte if hearing of the suit has not concluded.
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.
Exparte order - Interlocutory application - To reopen the case and record further evidence after the matter is reserved for pronouncement of judgment is not permissible.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
