MAHABIR SINGH Vs. SUBHASH

JUDGEMENT

(1.) LEAVE granted.

(2.) APPELLANT is before us being aggrieved by and dissatisfied with a judgment and order dated 14.2.2005 passed by the High Court of Punjab and Haryana in Civil Revision Petition No.5999 of 2003 whereby and whereunder the Revision Application filed by the first respondent herein was allowed.

(3.) THE Revision Application filed thereagainst by the first respondent herein was allowed by the High Court. THE High Court in the impugned judgment opined that the appellant had played fraud on the Court as neither the summons were properly served, nor the publication was made in the newspapers. Order V Rule 19A of the Code of Civil Procedure, which, according to the High Court, could have been taken recourse to, had also not been resorted to. Adverse comments were also made by the High Court in regard to the application for mutation filed by the appellant only after 10 years, i.e., in the year 1996.