SURINDER PAL SINGH Vs. M I G (MIDDLE INCOME GROUP) CO-OPERATIVE HOUSE BUILDING SOCIETY LTD JALANDHAR AND OTHERS

JUDGEMENT

(1.) Defendant no. 1 Surinder Pal Singh has filed this revision petition under Article 227 of the Constitution of India impugning order dated 30.8.2007 passed by the trial court and judgment dated 16.9.2010 passed by the lower appellate court thereby dismissing application filed by defendant no. 1-petitioner under Order 9 Rule 13 of the Code of Civil Procedure for setting aside ex-parte judgment and decree dated 4.1.1997 passed in suit instituted by respondent no. 1-plaintiff against petitioner and respondents no. 2 to 5.

(2.) The petitioner alleged in his application that he remained in Beirut from time tome as detailed in the application and he was never served in the suit and he learnt of the decree on 1.3.1998 on coming to India on 23.2.1998.

(3.) Plaintiff resisted the application and controverted the averments made therein pleading that defendant no. 1 was represented by his counsel Mr. S.K.Gautam, Advocate in the suit. The application was also alleged to be time barred.