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2021 Supreme(P&H) 888

ALKA SARIN
Sohan Singh – Appellant
Versus
Darshan Singh – Respondent


Advocates Appeared:
Mr. P.K. Ganga, Advocate, for the Appellant.

ORDER

Alka Sarin, J. - Heard through video conferencing.

2. The present civil revision petition has been filed under Article 227 of the Constitution of India to challenge the order dated 11.09.2020 (Annexure P-13) passed by the Trial Court allowing the application filed by the defendant-respondent under Order IX Rule 13 CPC for setting aside the ex-parte judgment and decree dated 12.08.2016.

3. The facts relevant to the present Us are that in February 2016 the plaintiff-petitioner filed a civil suit for recovery of Rs.56,000/-(Rs.50,000/- principal + Rs.6,000/- interest) against the defendant-respondent. Notice of the civil suit was issued to the defendant-respondent but he did not appear and was proceeded against ex-parte vide order dated 06.05.2016. The civil suit was decreed vide judgment and decree dated 12.08.2016 (Annexure P-4). In November 2016 the plaintiff-petitioner filed an execution petition in which the defendant-respondent put in appearance through counsel on 01.07.2017. Immediately, the defendant-respondent also filed an application (Annexure P-11) under Order IX Rule 13 CPC for setting aside the ex-parte judgment and decree dated 12.08.2016.

4. The case as set-up by the

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