BIJENDER SINGH Vs. RANBIR SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order dated August 24, 1990 passed by the Senior Subordinate Judge, Sonepat, rejecting application for setting aside ex parte order dated June 8, 1983, whereby Bijender Singh, one of the defendants in the suit, was proceeded against ex parte.

(2.) A suit for pre-emption was filed against Bijender Singh and others The address of Bijender Singh was given of village Juan, Tehsil and District Sonspat. The report was that he was not residing in the village On another set of summons sent to Bijender Singh at his Delhi address, the report was of refusal. Thereafter, service was effected by proclamation by beat of drum in the village and for non-appearance of Bijender Singh on June 8, 1988 he was ordered to be proceeded against ex-parte.

(3.) IN the application for setting aside the ex parte order, it was asserted by Bijender Singh that he was resident of Delhi where he was in service and he never refused any summons. He was not duly served. on coming to know of tine pendency of the suit he moved the application. This application was contested and the following issues were framed : (1) Whether order dated 13. 3. 1988 (in fact 8. 6. 1988) is liable to be set aside as alleged ? PA (2) Relief.