UNION OF INDIA Vs. V P KOCHHAR

JUDGEMENT

(1.) This revision petition is directed against an order of Additional District Judge. Delhi dated 23rd Feb. 1982 whereby the learned Additional District Judge dismissed an appeal filed by the Union of India against the judgment dated 3rd Dec. 1981 passed by the learned trial Court dismissing an application filed by the petitioner-Union of India under the provisions of O.9, R. 13 of the Civil P. C.

(2.) The plaintiff-respondent herein was dismissed from service during 1979. He filed a suit on or about 3rd Dec. 1979. The suit was filed for declaration that the dismissal of the plaintiff was illegal and ultra vires and also there was a claim of money. In the plaint the respondent-plaintiff made the defendants as under :

(3.) Two summons were issued to the defendants as detailed above. Summons addressed to authority at 1 (a) was served on 24th Dec. 1979 whereas the suons to authority at 1 (b) was served on 7th Dec. 1979. In spite of service nobody appeared on behalf of Union of India and after recording ex parte evidence, the learned trial Court passed a decree dated 26th May. 1980.