JASBIR SINGH Vs. GURDEV SINGH @ DEEPU AND OTHERS

JUDGEMENT

(1.) Defendant no.4 Jasbir Singh has filed this revision petition under Art. 227 of the Constitution of India to challenge order dated 15.09.2008 passed by learned Additional Civil Judge (Senior Division), Nakodar, thereby dismissing application of petitioner-defendant no.4, filed under Order 9 Rule 13 of the Code of Civil Procedure (in short - Civil Procedure Code) for setting aside the ex-parte judgment and decree dated 23.12.1999 in suit instituted by respondents no.1 to 3 herein - plaintiffs against petitioner and respondents no.4 to 7 herein, and also assailing judgment dated 12.10.2011 passed by learned Additional District Judge, Jalandhar, thereby dismissing petitioner's appeal against aforesaid order of the trial court.

(2.) The petitioner stated in his application under Order 9 Rule 13 Code of Civil Procedure that he was never served in the suit. He was summoned at the address of his native Village Littran, whereas he was residing in Canada since long. The petitioner never refused to receive any summons nor he had knowledge of pendency of the suit. Even the Process Server reported that the petitioner was residing in Canada. The petitioner learnt of the ex-parte judgment and decree on 27.11.2000 only and thereupon, by appointing attorney, the petitioner filed this application.

(3.) The application was resisted by the plaintiffs. It was alleged that other defendants, who are close relatives and family members of the petitioner, were also served and were aware of the suit. The petitioner was also aware of the pendency of the suit, but did not intentionally appear. Various other pleas were also raised.