Order on Board

06 .01.2025

1. The petitioners have challenged the order passed by the learned II^nd Additional District Judge, Bilaspur in Miscellaneous Civil Appeal No. 10/2022 dated 16.10.2024, whereby the appeal preferred by the petitioners was dismissed that was preferred to restore MJC No. 6/2017 which was dismissed by the learned Civil Judge, Junior Division, Takhatpur, vide order dated 02.11.2021.

2. The facts of the present case are that respondent No. 1/plaintiff filed a Civil Suit for declaration of the title and permanent injunction over survey No. 448/4, new survey numbers 448/31 admeasuring 0.03 acre and survey No. 448/32 admeasuring 0.09 acre, total admeasuring 0.12 acre situated at Ameri, District Bilaspur. The petitioners who were defendants in that Civil suit, filed a written statement as well as counterclaim on 05.12.2008. Thereafter, the petitioners never participated in the Civil Suit and the same was ex-parte decreed in favour of the plaintiff vide judgment and decree dated 14.02.2017. The petitioners preferred an application under Order 9 Rule 13 of CPC for setting-aside ex-parte decree on 22.06.2017 and the same was dismissed for want of prosecution on 15.11.2017