- (1.) The petition under Article 227 is directed against the order dated 12.12.2017 passed by the learned Civil Judge (Senior Division), Hamirpur in Misc. Case No.86/74 of 2009 (Smt.Kishori Devi Vs. Smt. Rajkumari) and the order dated 08.03.2019 passed by the learned District Judge, Hamirpur in Civil Revision No.03 of 2018 (Smt. Rajkumari and another Vs.Smt. Kishori Devi).
(2.) The application filed by the respondent No.3 under Order 9, Rule 13 of the Code of Civil Procedure for setting aside the ex parte judgement and decree entered by the learned trial court and the application for condonation of delay in aid thereof were allowed by the learned trial court by order dated 12.12.2017. The learned revisional court affirmed the order of the learned trial court in its order bearing date 08.03.2019.
(3.) Sri B. Malik, learned counsel assisted by Sri Amit Malik, learned counsel for the petitioners states that the cause shown by the respondent No.3 to set aside the judgement and decree of the trial court was not sufficient. The courts erred in law by allowing the application. The impugned orders are unsustainable in law. He relies on the judgement of the Hon'ble Gauhati High Court in the case of Smt. Rupa Gogoi and others Vs. Md. Abdul Aziz, reported at AIR 2019 Gauhati 21.;