PUSHPINDER SINGH Vs. JYOTI RANI

JUDGEMENT

(1.) Plaintiff Pushpinder Singh had filed a Civil Suit No.22 of 21/3/2015 for recovery against defendant Jyoti Rani - widow of Murari Lal and sons and daughter of Murari Lal, resident of Subhash Nagar, Gidderbaha, District Sri Muktsar Sahib. Notice of that suit was sent to the defendants, who did not put in appearance and were proceeded against ex-parte. After recording evidence, the suit was decreed ex-parte on 18/12/2015.

(2.) Subsequently, the defendants put in appearance and filed an application for setting aside of the ex-parte judgment and decree contending that they were never served in any manner in the said suit; they had neither received any summons nor any registered cover from the Court and they had no knowledge regarding pendency of the suit; moreover, the respondent/plaintiff had not given correct address of the applicants/defendants because Subhash Nagar is a big locality having thousands' of houses and a number of streets; no house number or street number had been given by the plaintiff in the address of defendants; Priya Bansal defendant No.4 is married and is not residing at Gidderbaha; thereafter the respondent/plaintiff succeeded in getting the case decided ex-parte. On coming to know about the same, the applicants had approached the Court filing the application in question.

(3.) The parties led evidence. After hearing arguments, the trial Court decided issues No.1 and 2 against the applicants/defendants and in favour of respondent/plaintiff. Resultantly, the application was dismissed vide order dtd. 10/10/2019.