DAL SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) THE defendants are in revision against the order passed by the learned trial Court on 7.2.1998 whereby an application for setting aside ex parte judgment and decree dated 23.2.1991 was dismissed as also the order passed by the learned First Appellate Court on 8.9.2000 whereby appeal against the said order was dismissed.

(2.) THE plaintiff-respondent Balbir Singh filed suit for preemption as a co-sharer in respect of the suit land on 9.6.1990. THE vendor Ram Kumar was impleaded as defendant No.1 whereas the vendees were impleaded as defendants No.2 to 5. Defendant No.1 refused to accept summons for 9.11.1990 and consequent thereto affixation was made. THE learned trial Court ordered the defendants to be served by munadi. THE munadi by beat of drum was conducted on 19.12.1990 and consequently the ex parte proceedings were initiated against the defendants on 7.12.1991 as none has put in appearance on behalf of the defendants. Subsequently, the ex parte judgment and decree has been granted on 23.2.1991.

(3.) BOTH the learned Courts have examined the evidence led by the parties in minute detail and have returned a finding of fact that the petitioners were properly served and that sufficient cause is not shown so as to set aside the ex parte judgment and decree. The ex parte judgment and decree also stands executed.