Vimal Chand Lodha, Manager Karta ... vs Smt. Rabiya Rehmani W/O Abdul ...
2022 Latest Caselaw 4793 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Revision Petition No. 127/2022

Vimal Chand Lodha, Manager Karta And Owner Firm Mishrilal
Vimalchand Lodha H.u.f. through LRs.
                                                                         ----Petitioners
                                       Versus
Smt. Rabiya Rehmani W/o Abdul Mujeeb Rehmani through LRs.
                                                                     ----Respondents

For Petitioner(s) : Mr. Rahul Singh Meratwal for Mr. Ashvin Garg For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order 13/07/2022

Learned counsel for petitioners submits that the suit for

eviction was filed against the respondent-tenant wherein after

service of notice, respondent did not turn up and the suit was

decreed in ex-parte vide judgment dated 24.04.2002 but decree

for eviction was put for execution and in the execution

proceedings possession has been delivered to petitioner-

decreeholder on 05.05.2003.

Thereafter the respondent-tenant has filed an application

under Order 9 Rule 13 CPC dated 13.05.2003, the trial court has

allowed the application vide impugned order dated 19.05.2022.

Learned counsel for petitioners submits that there is no

sufficient cause to explain the non-appearance of the respondent-

tenant and notices were served properly in accordance with law.

The trial court has committed jurisdictional error in                     setting aside




                                                              (2 of 2)                                  [CR-127/2022]


                                   the ex-parte decree.

                                           Heard.

                                           Admit.

                                           Issue notice to respondents.

Record of the application under order 9 rule 13 CPC as well

as the original suit No.105/2001 be summoned.

In the meanwhile and till further orders, the operation of

impugned order dated 19.05.2022 shall remain stayed.

(SUDESH BANSAL),J

TN/19

Powered by TCPDF (www.tcpdf.org)