MOHAN LAL Vs. MANGAT RAM AND ORS

JUDGEMENT

(1.) Defendant Mohan Lal in in revision against the impugned orders dated 02.06.2009(Annexure P-2) passed by learned Civil Judge(Sr. Divn.), Fatehabad, whereby his application under Order 9 Rule 13 CPC read with Section 151 CPC for setting aside ex-parte judgment and decree dated 22.03.2005 was dismissed and the findings thereof were affirmed by learned Additional District Judge, Fatehabad vide his judgment dated 05.06.2012(Annexure P-3).

(2.) In brief, the facts of the case are that defendant-Mohan Lal filed an application under Order 9 Rule 13 CPC read with Section 151 CPC with the averments that he was never served with any summons of the civil suit which was decided vide judgment and decree dated 22.03.2005. It was further averred in the application that the report of process server dated 7.04.2001 was completely incorrect as the applicant is residing in Dhani near village Hizrawan Khurd and the respondent was aware of the said postal address. Still he deliberately did not mention the address of Dhani and gave the address of village Ahlisadar and further gave a wrong address of Mohan Lal as that of Model Town, Fatehabad. It was further averred in the application that he came to know regarding the passing of the ex-parte judgment and decree dated 22.03.2005 on 16.05.2005 and, therefore, the present application for setting aside the aforesaid judgment and decree.

(3.) Reply to the aforesaid application was filed wherein it was averred that the applicant was served notice on 07.04.2001 and the process server had given the copy of the plaint to him. It was denied that the correct address of Mohan Lal was not mentioned. Other averments were denied and prayer for dismissal of the application was made.