Amitav Kumar Gupta, J. - (1.) THE present Civil Revision application has been preferred against part of order dated 12/6/2013, passed by the Subordinate Judge, VIIth, Deoghar, in Misc. Case No. 02 of 2004, arising out of the Title Suit No. 111 of 1999 wherein an ex -parte decree was passed on 29th May, 2003 against the opposite parties, which was recalled by the court on an application dated 20/12/2004 under order IX Rule 13 read with Section 151 C.P.C.
(2.) THE brief facts of the case is that the petitioner/plaintiff and others filed the aforementioned suit against Anjani Kumar Singhania and other opposite party/defendant for a decree declaring the sale deeds as illegal and void also for a declaration that the plaintiffs are the owners of the scheduled suit land and for confirmation of their possession and, in case the plaintiffs are dispossessed during the pendency of the suit, then for recovery of possession as well as for permanent injunction over the scheduled suit property. On admission of the suit, notices were issued to the opposite parties/defendants under registered cover and through Nazarat i.e. through process of court. Anjani Kumar Singhania, defendant No. 1, appeared in the suit and the court vide order dated 9/6/2000 found and accepted that there was sufficient service of notice on the defendants. Accordingly, except for defendant No. 1, the suit was fixed for ex -parte hearing against the other defendants. It transpires that defendant No. 1 appeared in the suit but he did not file any written statement neither contested the suit. Therefore, ex -parte judgment and decree was passed on 29/5/2003.
(3.) THE decree holders/petitioners filed Execution Case No. 4 of 2003 for execution of the decree. In the said case on 20/1/2014, Bhagwati Pd. Singhania (defendant No. 2 in the original suit No. 111 of 1999/O.P. No. 2 in the instant revision), Pawan Singhania, Savitri Devi, Rajesh Singhania, Ashok Kr. Singhania and Harish Singhania filed an application under Order XXI Rules 97, 99 and 101 and Order IX Rule 13, Sections 47 and 151 of CPC for stay of the execution case and for setting aside the ex -parte decree and dismissal of the case. The said application was registered as Misc. Case No. 2 of 2004.;