(1.) Leave granted.
(2.) A suit for partition was filed by Kulwant Singh, the respondent No.4 herein against the appellant as also the other respondents. The said suit was decreed ex-parte against the appellant. He had been residing in Houston, Texas, in the United State of America for more than 25 years. He had never been served with any notice, although respondent No.4 had full knowledge of his correct address.
(3.) Assistant Collector, 1st Grade, Phagwara, while passing a judgment and order dated 26th November, 1997 observed that no notice could be served upon the appellant.