JITENDER Vs. RAMPHOOL

JUDGEMENT

(1.) Petitioners have preferred this revision petition against the order dated 24.08.2018 passed by Civil Judge (Junior Division), Faridabad, vide which application filed by respondent No.2 under Order 9 Rule 13 read with Section 151 CPC for setting aside the ex parte order dated 16.01.2013 and ex parte judgment and decree dated 29.09.2014 has been allowed.

(2.) Before adverting to the merits of the case, some past history of the case is relevant to be noticed. It is not in dispute that respondent No.2 had entered into an agreement to sell with respondent No.3 Dharambir vide agreement to sell dated 30.01.1996 in respect of 20 kanals of land. On refusal to execute the sale deed, a civil suit was filed by respondent No.2 against respondent No.3 Dharambir. The civil suit was decreed by the trial Court vide judgment and decree dated 19.11.2003.

(3.) During pendency of the suit, respondent No.3/Dharambir executed sale deed dated 29.03.2001 in favour of respondent No.1 Ramphool. Judgment and decree dated 19.11.2003 was upheld by the Lower Appellate Court on 21.03.2005 in an appeal filed by respondent No.3/Dharambir. Thereafter respondent No.3/Dhararmbir filed RSA No.3805 of 2005 in which judgment and decree passed by the Courts below were modified to the extent of 2 kanals out 20 kanals of land which was acquired. The suit was decreed against remaining 18 kanals of land in favour of respondent No.2 vide judgment dated 29.05.2006. Respondent No.3/Dharambir feeling dissatisfied with the judgment of the High Court, preferred to file SLP, but 2 of 14 the same was dismissed. Respondent No.3/Dharambir after remaining unsuccessful upto the Hon'ble Apex Court, motivated respondent No.1/Ramphool to file third party objections on the basis of sale deed dated 29.03.2001 which was allegedly executed on the basis of Civil Court decree dated 09.08.1999.