Mehar Chand vs Umesh Sharma And Others
2011 Latest Caselaw 1794 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 29002 of 2011
 

 
Petitioner :- Mehar Chand
 
Respondent :- Umesh Sharma And Others
 
Petitioner Counsel :- H.C. Dwivedi
 

 
Hon'ble Rajes Kumar,J.

The petitioner is defendant in the suit. The plaintiff filed the suit for cancellation of the sale deed which was executed in favour of the petitioner. The suit was decreed on 9.11.2005. The petitioner moved an application under Order 9  Rule 13 C.P.C. which has been rejected by the trial court against which the petitioner filed revision along with an application under Section 5 of the Limitation Act. The revisional court has rejected the application under Section 5 of the Limitation Act.

Learned counsel for the petitioner submitted that the trial court has accepted that summon has not been served. The petitioner has categorically denied that the written statement has not been filed as alleged in the matter as there is no signature of the petitioner on the written statement. Therefore, at no stage, the petitioner has put his appearance before the trial court and the decree has been passed ex-parte.

Issue notice to respondent nos. 1, 2 and 3 returnable at an early date. The petitioner may take steps to serve the respondent within two weeks by registered post.

List in the week commencing 18.7.2011.

Till the next date of listing, the execution of the decree dated 9.11.2005 shall remain stayed. 

Order Date :- 18.5.2011

OP