SOHAN Vs. SHANTI DEVI AND OTHERS

JUDGEMENT

(1.) C. M. No. 823-C-II of 2012 : Allowed as prayed for. C. M. No. 824-C-II of 2012 : Application is allowed and Annexures A-1 and A-2 are taken on record, subject to all just exceptions. Main Appeal : Defendant no.3 Sohan has filed this revision petition assailing order dated 04.04.2008 (Annexure P-2) passed by learned Civil Judge (Senior Division), Narnaul and judgment dated 21.09.2010 (Annexure P-3) passed by learned Additional District Judge, Narnaul, thereby dismissing petitioner's application for setting aside ex-parte judgment and decree dated 23.03.1994 and first appeal respectively.

(2.) Petitioner was defendant no.3 in the suit. Sale deed executed by petitioner-defendant no.3, through his Attorney Hoshiar Singh was challenged in the suit. Hoshiar Singh was also impleaded as defendant no.5 in the suit. He continued to be Attorney of defendant no.3 till then. However, Hoshiar Singh was also served in the suit and Sohan - defendant no.3-petitioner was also served through his Attorney Hoshiar Singh. Sohan was also served through Munadi. However, since none appeared for the petitioner-defendant no.3 in the suit, he was proceeded ex-parte.

(3.) The petitioner, in his application for setting aside the ex-parte judgment and decree, alleged that he came to know of the ex-parte judgment and decree on 14.07.1997 from Maru Ram, when the petitioner, who was earlier residing in Village Sekhpura, Tehsil Narnaul and had long back shifted to Bhiwani, visited Village Sekhpura, where Maru Ram informed him about ex-parte judgment and decree. The petitioner alleged that he was never served in the suit and substituted service by Munadi in Village Sekhpura was not valid service because the petitioner was residing at Bhiwani.