Allahabad High Court
Smt. Sumitra Devi And 2 Others vs Ram Mani And Another on 15 July, 2019
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- MATTERS UNDER ARTICLE 227 No. - 4192 of 2019 Petitioner :- Smt. Sumitra Devi And 2 Others Respondent :- Ram Mani And Another Counsel for Petitioner :- Sheo Ram Singh,Suneel Kumar Hon'ble Manoj Kumar Gupta,J.
Counsel for the petitioners states that he does not wish to file any supplementary affidavit and prayed that the matter be heard.
The instant petition is directed against the order dated 7.8.2015, whereby the trial court allowed the application under Order 9 Rule 13 CPC filed by the defendant-respondents and has set-aside the exparte decree passed in Original Suit No.425 of 2004 upon payment of a cost of Rs.500/-. The petitioners have also challenged the order of the revisional court dismissing the revision but modifying the order of the trial court to the extent that cost for allowing application under Order 9 Rule 13 CPC has been enhanced from Rs.500/- to Rs.2000/-.
The specific case of the defendants was that they were not aware of the suit, but as soon as they came to know of the exparte decree, they applied for its setting aside.
The courts below have held that the defendant-respondents were residing in a remote village and there is no clear cut evidence that the newspaper had adequate circulation in the remote village where the defendants were residing. The courts below have sought to balance the equities by imposing cost which, as noted above, has also been enhanced by the revisional court.
The effect of the impugned orders is that the suit, which is for cancellation of registered sale deeds, would now be decided on merits.
This Court in exercise of its supervisory power under Article 227 of the Constitution is not inclined to interfere with an order of such nature. The petition is accordingly dismissed.
(Manoj Kumar Gupta, J) Order Date :- 15.7.2019 SL