S PRITHVI SINGH Vs. GITA RAM

JUDGEMENT

(1.) This is a second appeal by a judgment-debtor against an appellate order of the Senior Subordinate Judge, Ludhiana, affirming the order the executing Court by which it dismissed the objections of the judgment-debtors.

(2.) On the 22nd of May, 1945, Gita Ram brought a suit for demolition of a building on a common courtyard. He prayed for a permanent injunction against defendant No. 1 not to build on the land and for a mandatory injunction requiring him to pull down the building which he had already built. In the plaint he alleged that defendants Nos. 2 to 9 were also co-sharers in the land in suit and that is the reason why they have been made parties to the case. He did not ask for any relief against them. The proceedings were ex parte against them and it was on the 18th of June, 1947, that a decree was passed to the following effect :-

(3.) It appears that one of the defendants, Nand Autar Singh, was then in the army and the service was not effected on him personally and it is not quite clear from the record whether the others were served personally.