AMAR KAUR Vs. BADAL SINGH

JUDGEMENT

(1.) Amar Kaur plaintiff has filed the instant revision petition under Article 227 of the Constitution of India, challenging order dated 27.04.2009 (Annexure P-1) passed by learned Civil Judge (Senior Division), Ludhiana, thereby allowing applications moved by respondents No. 1 to 4 herein under Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure (in short - CPC) for setting aside ex-parte judgment (Annexure P-2) and decree dated 01.04.1997.

(2.) Defendants No. l and 2/respondents No. l and 2 filed application (Annexure P-8) for setting aside the ex-parte judgment and decree dated 01.04.1997 alleging that they were never served in the suit and the summons were never sent at the address of defendants No. l and 2. Order of proceeding ex-parte against defendants No. l and 2 was obtained by getting false and frivolous reports on summons. Now, when Bailiff of the Court visited the spot to deliver possession of the suit property to the plaintiff, defendants No. l and 2 came to know of the ex-parte decree only then.

(3.) Plaintiff filed reply (Annexure P-9) to aforesaid application (Annexure P-8) and controverted the averments made by defendants No. l and 2 in their application. It was also pleaded that in another suit filed by defendants No. l and 2 vide plaint (Annexure P-6) against the plaintiff Amar Kaur, plaintiff Amar Kaur in her written statement dated 03.06.1992 (Annexure P-7) filed in that suit, disclosed about the pendency of the instant suit.