LACHHMAN DASS Vs. VEER FINANCE COMPANY

JUDGEMENT

(1.) This appeal is against the order dated June 13, 1968, of Mr. S. C. AhuJa, Sub-Judge First Class, Delhi, whereby he dismissed the application which had been filed by the appellant for setting aside the ex-parte decree passed by the trial Court on 13th May, 1966.

(2.) The short facts relevant to the controversy which has been raised in this appeal are that the appellant is one of the guarantors in respect of the motor vehicle bearing registered No. U. P. D. 8312 for the purchase of which an advance was made by respondent No. 1 to one Devka Partap Singh. Since disputes had arisen between the parties, reference was made to an arbitrator and, upon the making of the award, respondent No. 1 filed an application in the trial Court to make the award a rule of the Court.

(3.) Notices of this application and of the filing of the award were issued to the various parties. In so far as the appellant is concerned notices were issued to him on 13th January, 1966 and 16th February, 1966 but he was not served for these dates. The case was, therefore, adjourned to 16th March, 1966 for which date also the appellant was not served as he was reported to be out of station. Then the case was adjourned to 16th April, 1966 for which date notices were ordered to be issued to the appellant amongst others. However, on 16th March, 1966 the trial Court passed a suo-motu order for effecting substituted service on, inter alia, the appellant and he ordered this service to be effected by publication in "Ekta Sandesh". Upon the publication having been made, a decree in terms of the award was passed ex-parte by the trial Court on 13th May, 1966.