Civil Procedure Code, 1908 (CPC) – Sections 2(2), 2(9), 47, 96, Order IX Rule 13, Order XX Rule 4(2); Constitution of India – Article 227; Specific Relief Act, 1963 – Sections 16(c), 19; Limitation Act, 1963 – Section 5 – The revision petitioners (defendants) sought to set aside an ex-parte decree for specific performance from 2003, via a petition under Article 227 of the Constitution of India. They alleged fraud upon the court and illegality, citing non-representation of minors in the sale agreement, suppression of previous suit details, and the decree violating Order XX Rule 4(2) of CPC and Section 16(c) of the Specific Relief Act, 1963 due to lack of judicial application of mind.
The respondents countered that the petitioners’ earlier attempts to set aside the ex-parte decree, including an application under Order IX Rule 13 CPC with condonation of 4915 days delay (under Section 5 of Limitation Act, 1963), were dismissed and upheld through higher courts, including the Supreme Court. Furthermore, other defendants’ applications under Section 47 CPC questioning executability were also dismissed, and no appeal under Section 96 CPC was filed.