PARDEEP KUMAR Vs. OM PARKASH

JUDGEMENT

(1.) PARDEEP Kumar by filing this revision under Article 227 of the Constitution of India has assailed order dated 8.8.2009, Annexure P/2 passed by learned Additional Civil Judge (Senior Division), Dabwali and judgment dated 26.9.2009, Annexure P/1 passed by learned Additional District Judge, Sirsa.

(2.) THE case has chequered history. Petitioner filed suit against respondent no. 1 Om Parkash and the same was decreed ex parte. Om Parkash, judgment debtor (JD) filed application for setting aside the ex parte judgment and decree. The same was dismissed by the trial court. However, in appeal the said application was remanded by the appellate court to the trial court for fresh decision.

(3.) PETITIONER moved application Annexure P/3 for setting aside order dated 20.10.2007 alleging inter alia that no notice of the application moved by Vijay Kumar was received by petitioner DH and the said application was allowed without notice to decree holder although notice was mandatory.