The main legal point established in the judgment is the application of Order IX Rule 13 CPC for setting aside an ex-parte judgment obtained through fraud, highlighting the importance of timely and valid service of notice, the validity of appearance by a power of attorney holder, and the need for evidence to justify the appearance of the defendants.

JUDGMENT :

Heard, Mr. Rajeeva Sharma, learned Senior counsel assisted by Mr. Devesh Krishna, learned counsel for the petitioner and Mr. A.K. Sahani, learned counsel for the respondent(s) assisted by learned counsel, Mr. Ajit Kumar.

2. Mr. Rajeeva Sharma, learned Senior counsel has submitted, that the plaintiff/petitioner has preferred the instant Writ Petition under Articles 226 and 227 of the Constitution of India for setting aside the judgment dated 30.06.2016 passed by learned Munsiff, Ranchi, in Misc. Case No.7/2013 whereby and whereunder petition under Order IX, Rule 13 CPC filed by the defendants/respondents for setting aside ex-parte judgment dated 10.08.1992 [decree signed on 18th August, 1992] passed in Title Suit No.123/87 has been allowed.

3. Mr. Rajeeva Sharma, learned Senior counsel has further submitted, that the petitioner purchased the suit land of R.S. Plot No.490 Chaparbandi marked as subplot No.490/B of Khata No.22, Area 10 Kattha situated at Village-Chiraundi, District-Ranchi from one Beni Madhav Mitra through Sale Deed dated 7.10.1963 which was registered on 08.10.1963 for a valuable consideration. Petitioner came in possession and is still in possession. Immediately after purchase, the petitioner constructed boundary wall surrounding the suit land.

4. Mr. Rajeeva Sharma, learned Senior counsel has further submitted, that one Ramanad Singh @ Ramji purchased a portion of R.S. Plot No.490, as Sub-Plot No.490/C of Khata No.22 of the same village from Beni Madhav Mitra on 07.10.1963 in the name of his son, Vir Bahadur Singh which is situated adjacent to plot No.490/B purchased by petitioner. He has further submitted that one Indradeo Singh purchased portion of this land marked as 490/A by virtue of registered sale deed dated 08.10.1963. All these sub-plots were demarcated at the spot by means of fixing stone pillars in the ground.

5. Mr. Rajeeva Sharma, learned Senior counsel has further submitted, that due to very cordial relation with Ramanand Singh @Ramji, the original copy of Registered Sale deed for sub plot 490/A was given to him by Late Indrajit Singh for the purpose of Mutation of his name in the revenue record as petitioner has complete faith upon Ramanand Singh @ Ramji Singh. The original copy of registered sale-deed was handed-over to him in the month of June, 1984 to get their names mutated in the office of the State of Bihar and also in the office of the Ranchi Municipal Corporation with respect to aforementioned land. Thereafter, Ramanand Singh @ Ramji on one pretext or other avoided this work and when petitioner asked him to return the documents, he replied that same has been misplaced.

6. Mr. Rajeeva Sharma, learned Senior counsel has further submitted, that thereafter petitioner applied for certified copy of the sale deed dated 07.10.1963 and obtained it on 29.08.1985 and subsequently, filed petition before the Circle Officer, Town Anchal, Ranchi, for mutation of his name with respect to the suit land and after due enquiry, Circle Officer passed order for mutation in the name of petitioner and since 1985 onwards, rent receipts are being regularly issued in the name of petitioner for sub plot No.490/B. The name of petitioner was mutated in the Sherista of Government of Bihar, now State of Jharkhand and in Municipal Corporation as Holding No.1/A within ward No.VIIB and paying rents and receiving rent receipts regularly.

7. Mr. Rajeeva Sharma, learned Senior counsel has further submitted, that when after such a lapse of time, Ramanand Singh @ Ramji did not return the Original Sale Deed. The petitioner served Legal Notice on 15.12.1986 upon Ramanand Singh @ Ramji through his Lawyer demanding that his Original Sale Deed be returned. The notice was duly served upon him. He has further submitted that earlier in the month of September, 1985, when petitioner went to suit land for its measurement for the purpose of construction of residential house, he was informed by one Haribansh Prasad that the land has bee