(1.) As per the Office Report dated 13/9/1996, notice sent to the first respondent was received back by the Registry with the postal endorsement "no such person" indicating avoidance thereof on his part. Consequently, he was set ex parte. The second respondent was directed to file counter-affidavit. Even today the first respondent is not appearing either in person or through counsel.
(2.) Leave granted. We have heard learned counsel for the appellant and the second respondent.
(3.) This appeal by special leave arises from the judgment passed by the high court of Punjab and Haryana, Chandigarh on 22/11/1995 in LPA No. 351 of 1981