MOHINDER KAUR Vs. RAJ MOHINDER SINGH AND ORS.

JUDGEMENT

(1.) This is revision petition by Mohinder Kaur filed under section 115 of the Code of Civil Procedure (in short, Code of Civil Procedure).

(2.) Petitioner was Defendant No. 2 in suit filed by Raj Mohinder Singh and Manpreet Singh (Respondents No. 1 and 2 herein/Plaintiffs) against Petitioner and Respondents No. 3 to 6. The Defendants were proceeded against ex parte in the suit. Suit was decreed vide ex parte judgment and decree dated 4.8.1998, Annexure P/2 by learned Civil Judge (Junior Division), Amritsar.

(3.) Defendant No. 2-Petitioner moved application Annexure P/1 for setting aside the ex parte judgment and decree alleging that she was not served with summons in the suit. She never refused to receive the summons. Report of Process Server regarding her refusal is incorrect. The said report was procured by the Plaintiffs on 19.3.1997 on summons issued on 18.3.1997 for 21.3.1997. After refusal report Petitioner and some other Defendants were ordered to be summoned through munadi (proclamation by beat of drum and affixation). The Process Server reported that address of Petitioner and other Defendants was incorrect. The Plaintiffs then filed false affidavit that address of the Applicant (Petitioner) was correct. Again report of munadi was procured by the Plaintiffs and on its basis the Applicant and other Defendants were proceeded ex parte. Defendants No. 3 to 5 (Respondents No. 4 to 6 herein) were not residents of village Wadali Guru and their correct addresses were not furnished. No summons was sent by registered post. The Petitioner learnt of the alleged order when Plaintiff Respondent No. 1 declared in the village that he had got set aside the sale deed which was in favour of the Petitioner. Thereafter the Petitioner contacted her lawyer and after inspecting the record came to know of the ex parte judgment and decree.