DHARM VIR SINGH Vs. GOODWILL INDIA LIMITED

JUDGEMENT

(1.) This Civil Revision has been filed by Dharam Vir Singh against an order, dated October 10, 1972, passed by Shri O. P. Dwivedi, Subordinate Judge 1st Class, Delhi, whereby the learned Subordinate Judge set aside an ex parte decree passed against the petitioner subject to the condition that the petitioner shall pay Rs. 100.00 as costs and shall also deposit the decretal amount in the Court by 20th October, 1972, failing which the application for setting aside the ex parte decree filed by the petitioner shall stand rejected.

(2.) The petitioner, along with one Ram Nath, purchased a truck from Respondent 1 herein, M/s. Goodwill India, 17/B, Asaf Ali Road, New Delhi, and respondent 3, Jai Parkash, was the guarantor. On a dispute arising between the parties, the same was referred to arbitration. The arbitrator made an award and applied for making the award a rule of the Court. Shri H. S. Bakshi, Subordinate Judge 1st Class, Delhi, issued notice to the petitioner. As the service could not be effected, substituted service was ordered and effected by publication in an English daily, "Tribune". According to the petitioner, the said newspaper has circulation in the Punjab region while the petitioner is a resident in Uttar Pradesh. After the said substituted service, the Court made the award a rule of the Court and an ex parte decree was passed against the petitioner in terms of the award.

(3.) Respondent 1, the decree holder, applied for execution of the decree by attachment of a land and other property belonging to the petitioner. As soon as the petitioner came to know about the ex parte decree, he filed an application on March 17, 1970, under Order 9 rule 13 of the Code of Civil Procedure praying that the ex parte decree may be set aside. The executing court framed the following two issues:-