AJIT SINGH Vs. SANTOKH SINGH

JUDGEMENT

(1.) THIS revision is directed against the order dated 29.1.1998 passed by the learned Additional District Judge, Gurdaspur, while exercising its appellate jurisdiction, whereby the appeal preferred by Shri Ajit Singh was dismissed. The appeal was preferred against the order of the learned trial Court dated 19.2.1994 dismissing an application of the said defendant under Order 9 Rule 13 read with Section 151 of Code of Civil Procedure.

(2.) A suit for possession by means of specific performance was filed by Santokh Singh against Gurbachan Singh. This suit filed by the plaintiff was decreed ex parte by the learned trial Court vide its judgment and decree dated 1.9.1988. Gurbachan Singh applicant filed an application under Order 9 Rule 13 read with Section 151 CPC stating that he had no knowledge about the pendency of the suit and he came to know of the passing of the ex parte decree only when notice of the execution proceedings was served upon him. Gurbachan Singh who filed the application, died during the pendency of the application/suit. Ajit Singh and others were then brought on record as legal representatives of the deceased. He claimed that he had come to know of these proceedings on 18.2.1989 and filed the application for setting aside the decree on 14.3.1989. He specifically contended that the deceased defendant Gurbachan Singh was neither served in accordance with law nor he had the knowledge of proceedings and as such the ex parte decree was liable to be set aside.

(3.) A question that arises for consideration in this revision petition is whether deceased Gurbachan Singh was served in accordance with law and he had knowledge of the proceedings pending in the suit. The process server is stated to have made the following report on the basis of which the ex parte proceedings were taken against the deceased Gurbachan Singh :-