BALDEV SINGH Vs. SUKHJIT SINGH AND OTHERS

JUDGEMENT

(1.) Defendant No. 5 Baldev Singh, by filing this revision petition under Article 227 of the Constitution of India, has assailed order dated 20.05.2013 (Annexure P-3), passed by learned trial court, thereby dismissing application (Annexure P-1) filed by defendant No. 5 - petitioner for setting aside the ex-parte proceedings ordered against him vide order dated 15.06.2010 in suit filed by respondent No. 1 - plaintiff against petitioner and proforma respondents No. 2 to 9. Defendant No. 5 alleged in his application (Annexure P-1) that he was not served in the suit and his wrong address was given in the plaint. Petitioner is resident of Moga, but he was wrongly depicted to be resident of Faridkot in the plaint. The plaintiff, in connivance with process server, has procured false report of avoiding service. A few days before filing application (Annexure P-1) dated 29.04.2013, plaintiff came to Moga and openly proclaimed that he would get possession of the land sold by defendant No. 5. Thereupon, defendant No. 5 - petitioner came to know of the pendency of the suit.

(2.) The plaintiff, by filing reply (Annexure P-2), denied the averments made in application (Annexure P-1). It was alleged that defendant No. 5 was rightly proceeded against ex-parte. No relief has been claimed in the suit against defendant No. 5. Learned trial court, vide impugned order (Annexure P-3), has dismissed the application of defendant No. 5, who has, therefore, filed this revision petition to challenge the said order.

(3.) I have heard counsel for the petitioner and perused the case file.