SAROJ Vs. KARTAR SINGH AND ORS.

JUDGEMENT

(1.) The present petition has been filed challenging the order dated 14.10.2019 passed by the trial Court, whereby, the application filed by the petitioner/defendant No. 1 in the suit, for setting aside the ex-parte proceedings dated 19.05.2018, has been declined.

(2.) The facts of the matter in brief are that the plaintiff had filed a suit for specific performance of an agreement for sale of a shop, allegedly, entered into by the petitioner. In that proceedings, the service was stated to have been effected upon the petitioner/defendant No. 1 through her son. However, she had not appeared. Thereafter, even the 'Munadi' is stated to have been conducted. Despite that, the petitioner had not appeared to contest the proceedings. Therefore, she was proceeded ex parte. The petitioner applied for setting aside of the order of proceedings of ex parte. However, the same has been declined by the trial Court by giving the reasons that she was already served, as mentioned above.

(3.) While arguing the case, learned counsel for the petitioner has submitted that the service has not been duly effected upon the petitioner.