Patna High Court - Orders
Sri Kuldeotaji Through Their Sewait And ... vs Sri Nathu Ram Narnoli & Ors on 13 December, 2016
Author: V. Nath
Bench: V. Nath
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Revision No.46 of 2015
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Sri Kuldeotaji Through Their Sewait And Manager & Anr
.... .... Petitioner/s
Versus
Sri Nathu Ram Narnoli & Ors
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Dubey
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE V. NATH
ORAL ORDER
2 13-12-2016Heard Mr. S.S.Dwivedi, learned Senior Counsel appearing for the petitioners.
The present revision application has been filed against the order by which the learned court below has set aside the exparte decree for eviction against the defendant-opposite parties under Order 9 Rule 13 CPC.
It has been contended by the learned Senior Counsel that the defendants initially appeared in the suit, filed written statement but thereafter left participating in the proceeding of the suit. It has been further submitted that the defence of the defendants has subsequently been struck off for non compliance of the order under Section 15 of the BBC Act against them. The learned Counsel has emphatically propounded that the proceeding before the court was barred by limitation in view of the provisions of Article 123 of the Limitation Act, which provides 30 days for filing a petition for setting aside exparte decree from the date of the decree. It has been further submitted that in view of the admitted service of summons the another part of Article 123 of the Limitation Act relating to the period Patna High Court C.R. No.46 of 2015 (2) dt.13-12-2016 2 of limitation starting from the date of knowledge in a case of non service of summons could not be applicable.
Issue notice to the defendant-opposite parties, for which the petitioners must file requisites under both modes, i.e. by ordinary process as well as by registered cover, within one week, peremptorily.
The requisites filed under ordinary process shall be send to the court below, where according to the learned Senior Counsel for the petitioners the defendant-opposite parties are appearing in the proceeding of the suit.
Till further order, the proceedings of Execution Case No. 2 of 2001 pending in the court of 2nd Subordinate Judge, Muzaffarpur, shall remain stayed.
(V. Nath, J.) Snkumar/-
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