SOBRAN SINGH Vs. SADHAN SAHKARI SAMITI

JUDGEMENT

(1.) THIS is a revision under Section 115 Code of Civil Procedure.

(2.) THE revisionists are the Plaintiffs in this revision. They have obtained an ex -parte decree in Suit No. 57 of 1977 on 24th April, 1979. Thereafter an application was made by the President of the Sadhan Sahkari Samiti, opposite party No. 1, for setting aside the ex -parte decree on the ground that summons had not been served upon it.

(3.) LEARNED Counsel for the revisionists has urged that under Order 29 Rule 2, Code of Civil Procedure service on the Secretary of the Society was sufficient in the eye of law and merely because the notices have not been served on the President, the court below had no jurisdiction to set aside the ex -parte decree.