SUNEHERI LAL Vs. CHIRANJI LAL

JUDGEMENT

(1.) Petitioner has filed this revision petition against the order dated 7.5.1996, by which the Civil Judge allowed the application moved by the defendant under Order IX Rule 7 of the Code of Civil Procedure and set aside the order dated 7.5.1996 by which the defendant was proceeded ex-parte.

(2.) Plaintiff had instituted the suit for perpetual injunction, seeking to restrain the defendant from forcibly dispossessing the plaintiff. Summons were issued for 1.5.1996, on which date the respondent appeared in person and sought time for filing the written statement. The case was adjourned to 7.5.1996. On 7.5.1996 it transpired that the Presiding Officer did not wish to continue with the case and referred the same to the District Judge for transfer. Parties were directed to appear before the District Judge on 8.5.1996.

(3.) The case was then withdrawn from the Court of the then Presiding Officer and Shri S.K. Aggarwal, Civil Judge, was assigned the hearing of the case. The file of the case was also sent to the transferee Court. The transferee Court directed notice to be issued to the defendant for 23.5.1996. The case was adjourned to 31.5.1996, when the Court accepted the report of the summons server that the defendant had refused to receive the process. The defendant was ordered to be proceeded ex-parte.