JAWAHAR LAL Vs. JOGINDER SINGH

JUDGEMENT

(1.) This case has been on the regular Board of this Court for the last more than one week. It has been called out every day two to three times but nobody puts in appearance on behalf of the petitioner. Today again nobody is present. The Court is left with no alternative but to proceed further in the matter in accordance with law.

(2.) Challenge in this revision is to the order dated 26.5.1981 passed by the learned Additional Senior Sub Judge, Ludhiana, vide which he dismissed an application filed by the defendant under Order 9 Rule 13 of Code of Civil Procedure for setting aside an ex parte decree dated 16.5.1978.

(3.) One Jawahar Lal has filed ejectment application being No. 30 of 1978 against Joginder Singh. Ex parse decree was passed on 16.5.1978. In the application for setting aside the ex parte decree, it was stated by the applicant that no proper notice was given to him and the process server had given copy of the summons from the Court of Shri S.K. Chopra, Rent Controller, Ludhiana alongwith the application under Order 26 Rule 9 of the Code and obtained the signatures on the summons of the present suit as well. It was stated that the petitioner in the main petition had obtained the signatures of the respondent by misrepresentation and the ex parte decree has been obtained by misrepresentation and fraud and in connivance with the process server. The warrant of possession was issued on 13.6.1978 and the applicant came to know of the said proceedings on 30.6.1978 and he filed the application for setting aside the ex parse decree on 18.7.1978. This application was contested by the non-applicant, who denied that the signatures were obtained by misrepresentation but it is stated that service was validly effected upon the applicant. The application was stated to be time, barred and that the summons were duly served upon the applicant for 20.4.1978 on 21.3.1978.