Court No. - 42
Case :- MATTERS UNDER ARTICLE 227 No. - 9828 of 2019 Petitioner :- Nathu Ram And 3 Others Respondent :- Smt. Brahma Devi And Another Counsel for Petitioner :- Ravi Shankar Yadav,Pawan Kumar Singh Counsel for Respondent :- Ashish Mishra
Hon'ble Mrs. Sangeeta Chandra,J.
1. This petition has been filed praying for a direction to be issued to the learned Civil Judge (Junior Division), Sikohabad, Firozabad to decide the recall application registered as Misc. Case No.7 of 2018 (Balveer Singh and orhters vs. Smt. Brahma Devi and another) in original Suit no.547 of 1998. It has been submitted by the learned counsel for the petitioners that the defendant respondent Smt. Brahma Devi had filed the original Suit seeking a relief for cancellation of registered sale deed dated 05.12.1997. The learned trial court decreed the Suit ex- parte on 16.12.2006. When the petitioner came to know, he filed an application for recall of order, under order 9 Rule XIII along with an application for condonation of delay duly supported by an affidavit on 22.01.2018. It was registered as Misc. Case No.7 of 2018. Although notices have been issued to the defendants i.e. the plaintiffs of the Original Suit they have not put in appearance as a result, his application under Order 9 Rule XIII has not been disposed of by the trial court.
2. This petition is disposed of with a direction to the learned trial court to find out whether service is sufficient upon the plaintiffs-respondents and in case it finds that the service of summons is not sufficient, it may take suitable measures for substituted service by any other mode of service including publication in two local news-papers of the District in which plaintiffs-respondents are residing. After such objections have received the application of the petitioner be considered in accordance with law and appropriate order passed thereon.
Order Date :- 17.12.2019 C. MANI