Laxmi Narain Mittal, J. - (1.) CM No. 18826 -CII of 2013
(2.) THE application is allowed and Annexures P -1 to P -5 are taken on record subject to all just exceptions. Main Case Defendants no. 1 and 2 have filed this revision petition under Article 227 of the Constitution of India impugning order dated 19.08.2013 Annexure P -5 passed by the trial Court thereby dismissing application Annexure P -3 filed by petitioners for rejection of plaint Annexure P -2. Respondents no. 1 to 3/plaintiffs have filed suit vide plaint annexure P -2 inter alia challenging ex parte judgment and decree dated 24.08.1992 on the ground of fraud etc.
(3.) DEFENDANTS no. 1 and 2/petitioners in their application Annexure P -3 alleged that defendants of the previous suit in which ex parte decree in question was passed, had earlier filed application for setting aside the ex parte decree and the said application was dismissed on 27.08.1999 and therefore, the instant separate suit is not maintainable to challenge the said ex parte decree.;