AFR HIGH COURT OF CHHATTISGARH, BILASPUR CIVIL REVISION NO. 49 OF 201 9

1. Smt. Umaravati Bai (Died), through Legal Representative Ramesh Agrawal, S/o Late Ramkishan Agrawal, aged about 48 years, R/o Behind Sindhi School, Agrasen Road, Ramsagarpara, Raipur, Tehsil and District Raipur (C.G.)

...Petitioner(s)

Versus

1. Brijmohan Sahu, S/o Late Jagdish Ram Sahu, aged about 41 years, 2. Anil Sahu, S/o Late Jagdish Ram Sahu, aged about 50 Years, 3. Totaram @ Shiv Kumar Sahu, S/o Late Jagdish Ram Sahu, aged about 43 years, 4. Meena Sahu, D/o Late Jagdish Ram Sahu, aged about 45 years, 5. Laxmi Bai Sahu, D/o Late Jagdish Ram Sahu, aged about 37 years, 6. Saraswati Sahu, W/o Late Santosh Sahu, aged about 45 years, 7. Rameshwar Sahu, S/o Late Santosh Sahu, aged about 23 years, 8. Someshwar Sahu, S/o Late Santosh Sahu, aged about 24 years, 9. Usha Kiran Sahu, D/o Late Santosh Sahu, aged about 25 years, 10. Shraddha Sahu, D/o Late Santosh Kumar Sahu, aged about 23 years, All R/o Behind Sindhi School, Near Bamleshwari Temple, Ramsagarpara, Raipur, District Raipur (C.G.)

...Respondent(s)

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For Applicant/ :- Mr. Anurag Singh, Defendant Advocate.

For Non-applicant(s)/:- Mr. A.K. Prasad, Plaintiff(s) Advocate, with Mr. Sunil Verma, Advocate.

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[ Single Benc h]

Hon'ble Shri Justice Sanjay K. Agrawal

Orde r on Board

(12.07.2024)

1. Assailing the legality, validity and correctness of the Order dated 30.4.2019 passed by Fourth Additional District Judge, Raipur in Misc. Civil Appeal No.9/2019 titled as “Smt. Umravati Bai v. Brijmohan Sahu and Others”, the present Civil Revision under Section 115 of the Code of Civil Procedure, 1908 (in short, CPC) has been preferred by the original Defendant Smt. Umravati Bai (who died during pendency of this Civil Revision and therefore the matter is now being pursued by her Legal Representative who has been brought on record), by which the appeal filed by her under Order 43 Rule 1 of CPC has been dismissed affirming the Order dated 9.1.2019 passed by the First Civil Judge, Class-I, Raipur in Civil M.J.C. No.01/2010 whereby the application preferred by the Applicant/Defendant under Order 9 Rule 13 read with Section 151 of CPC has been rejected finding no sufficient cause for setting aside the ex parte decree granted against her on 30.3.2005 after she being proceeded ex parte on 2.2.2002 in the Civil Suit filed by the Plaintiff.

2. The original Plaintiff namely Jagdish Ram Sahu (who also died during pendency of the matter before the Court below and therefore the matter is now being pursued by his Legal Representatives brought on record) filed Civil Suit No.83A/88 before the Trial Court against the Defendant for declaration of title and possession over the suit property, wherein after declaring the Defendant ex parte on 15.2.1989, an ex parte decree was passed in favour of the Plaintiff by the Trial Court by its Order dated 20.10.1989 which though was set-aside by Order dated 17.10.1997 passed in Civil Appeal No.37A/97, filed by the Defendant under Section 96 of CPC, holding that the provision of Order 5 Rule 17 of CPC was not complied with by the Trial Court while passing the said ex parte decree and the suit was ordered to be restored for hearing in accordance with law and fixed the matter on 5.11.1997 with a direction to the Defendant to appear in the matter to pursue her case. Down the line, the matter proceeded and on 13.10.2001 the Plaintiff initiated an interlocutory proceeding in the suit by filing an application under Order 6 Rule 17 of CPC and on 15.1.2002 the Court granted time to the Defendant’s counsel for filing their reply to the said interlocutory proceeding initiated by the Plaintiff fixing the matter on 2.2.2002. However, on 2.2.2002, the Defendant was again proceeded ex parte and ultimately, on 30.3.2005, an ex parte decree was passed against the Defendant and in favour of the Plaintiff by the Trial Court. The Defen