CHARAT SINGH AND CO Vs. MANJIT SINGH

JUDGEMENT

(1.) This application is filed by the original respondent No. I/Judgement Debtor No. I Manjit Singh underorder IX Rule 13 of the Code of Civil Procedure. The facts giving rise to the present application could be briefly stated as under:

(2.) M/s.Charat Singh & Co. is a Motor Financier and he has financed the present applicant in order to purchae a motor vehicle but as the applicant and his guarantor Sukhdev Singh, respondent No. 2 in the original proceeding, had failed to pay the amount, as per agreement between the parties the dispute between them was to be referred to an Arbitrator, he filed Civil Suit No. 529A/87 for appointment of an Arbitrator. The said suit was decreed and Arbitrator was appointed under Section 20 of the Arbitration Act. The Arbitrator entered upon the reference on 12.8.1988 and passed an Award on 23.4.1990. He then filed the Award in this Court on 17.5.1990. On the strength of filing of the said Award Suit No. 1676A/90 was registered in this Court.

(3.) Notices of filing of Award and to file objections, if any, to the same were issued to both the respondents on 24.5.1990. Though many attempts were made to serve the present applicant respondent No. 1, Manjit Singh, all those attempts to serve him by regular process had failed and, therefore, a prayer for substituted service under Order V Rule 20 by publication of the suit summons in the local daily was made and the same was allowed. Inspite of that service the present applicant did not appear before the Court. Therefore, Court proceeded ex-parte and decree making the Award the Rule of the Court was passed on 29.5.1992.