SOHAN LAL Vs. SHAIKH ABDUL RAHMAN
LAWS(RAJ)-2017-5-9
HIGH COURT OF RAJASTHAN
Decided on May 09,2017

SOHAN LAL Appellant
VERSUS
SHAIKH ABDUL RAHMAN Respondents


Referred Judgements :-

VISHWANATH V. VAIJNATH [REFERRED TO]
TEJA SINGH V. JASWANT SINGH [REFERRED TO]
RISHI KESH BADRI PARSHAD V. NATH HARGU LAL [REFERRED TO]
MEMON ABA ISA HAJI ADHREMAN DHARAR V. MEMON MATNAD HAJI SULEMAN CHAMA-DIA [REFERRED TO]
SUSHIL KUMAR SABHARWAL VS. GURPREET SINGH [REFERRED TO]
K PANCHAKSHARA REDDY VS. N KRISHNA REDDY [REFERRED TO]
M R VED AND CO VS. S B HAYEEM [REFERRED TO]
DUNDBAHADUR SINGH VS. DURGA PRASAD SINGH [REFERRED TO]


JUDGEMENT

PRAKASH GUPTA,J. - (1.)By this revision petition under Sec. 115 CPC, the petitioners seek to challenge the order dated 31st Oct., 2007 passed by the Civil Judge (Jr. Div.) Sikar in Civil Misc. Case No. 34 of 2003 whereby the application filed by the non-petitioner under Order 9, Rule 13 Code of Civil Procedure has been accepted.
(2.)Briefly stated the facts of the case are that the petitioner filed a suit against the non-petitioner for eviction and recovery of arrears of the rent due on the ground of default in payment of rent and non-user of the shop in dispute which was decreed by the trial court vide its judgment and decree dated 25th Jan., 2002. The said decree was executed as the possession of the disputed shop was handed over to the petitioner by the Nazir on 15th Feb., 2003. After that the non-petitioner filed an application under Order 9, Rule 13 Code of Civil Procedure in the trial court for setting aside the ex parte decree dated 25th Jan., 2002. The application was opposed by the petitioner.
(3.)Both the parties adduced oral evidence in support of their respective case and the learned trial court vide order dated 31st Oct., 2007 allowed the application filed by the non-petitioner under Order 9, Rule 13 Code of Civil Procedure on the cost of Rs.500.00 and set aside the ex parte decree and judgment dated 25th Jan., 2002.


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