ANOOP SINGH Vs. SWAIAN SINGH AND OTHERS

JUDGEMENT

(1.) This will also dispose of Civil Revision No. 2103 of 1981 as the question involved is common in both the petitions.

(2.) The petitioner-defendant Anoop Singh along with other defendants war proceeded against ex-parte when they failed to appear after substituted service. An application was filed on behalf of petitioner-defendant Anoop Singh to set aside the ex-parte proceedings dated 6th March, 1986, on the plea that he was proceeded against ex-parte without his due service. He further submitted that he had no knowledge about the ex-parte proceedings and came to know only on 13th Dec., 1987, through one Jagga Ram. The application was contested m behalf of the plaintiffs. The trial Court after framing issues and allowing the parties to lead their evidence came to the conclusion that "not only this, the other defendants especially defendant No. 5 who is also the brother of defendant No.4, is attending the Court regularly since the institution of this suit who had also equal to the interest of defendant No. 4 and is prosecuting the suit for the property. So, it cannot be said that the defendants are not represented by proper person." The Court also found that "the plaintiffs have almost concluded their evidence and in case defendant No 4. i.e. Anoop Singh is now allowed to join the proceedings there is every likelihood that after some time or even at the stage of final proceedings, the other order defendant may come and file application for setting aside the ex-parte proceedings against them." So, there was no sufficient ground for setting aside the ex-parte proceedings.

(3.) Learned counsel for the petitioner submitted that the provisions of Order 5, Rule 20 Civil Procedure Code, could not be invoked and there was no occasion for ordering substituted service. In support to this contention, he has referred to Kewal Sharma Vs. Subhash Chander Anand, 1978 PLR 433 , and Messrs firm Hand Bhalothia and sons Vs. Messers Adarsh Oil Mills, Bazar Gandanwala, In Amritsar 1976 PLR 485.