DHANA Vs. MEWA DEVI

JUDGEMENT

(1.) Present petition is filed challenging the order dated 6.2.2008 passed by learned Civil Judge (Sr. Division), Hisar as well as order dated 12.9.2008 passed by Additional District Judge, Hisar, whereby application moved by the Defendant-Petitioner herein under Order 9 Rule 13 C.P.C. was rejected.

(2.) Brief facts of the present case are that suit for possession filed by the Plaintiff-Respondent herein was decreed ex-parte against the Defendant-Petitioner vide ex-parte judgment and decree dated 19.5.2003. After coming to know about the ex-parte judgment and decree, Defendant-Petitioner has moved an application dated 8.7.2003 for setting aside the ex-parte judgment and decree dated 19.5.2003 contending therein that Defendant was never served with the summon and no service was ever effect on the Defendant. It is also asserted in the application under Order 9 Rule 13 C.P.C. that Defendant-Petitioner came to know about the ex-parte judgment and decree dated 19.5.2003 when Plaintiff alongwith Police officials came to take possession of the suit land on 3.7.2003 and soon thereafter application was moved under Order 9 Rule 13 Code of Civil Procedure.

(3.) I have heard learned Counsel for the Petitioner and perused the record.