GURNAM SINGH Vs. GURCHARAN SINGH AND OTHERS

JUDGEMENT

(1.) APPLICATION is allowed and annexed reply on behalf of respondents no. 1 and 2 to C.M. No. 282 -C -II of 2013 is taken on record, subject to all just exceptions.

(2.) SUIT instituted by respondents no. 1 and 2/plaintiffs was decreed ex -parte vide judgment and decree dated 09.02.1994 (Annexures P -1 and P -2).

(3.) DEFENDANT no. 10 -petitioner initially filed application dated 28.09.1994 (Annexure P -3) for setting aside the ex -parte judgment and decree alleging that he had learnt on 27.09.1994 only from Mangu Singh (cultivating the land of the petitioner) that plaintiffs had secured the aforesaid ex -parte judgment and decree. It was alleged that defendant no. 10 -petitioner was never served in the suit. His service by publication in newspaper - 'Daily Milap' was not valid service as it did not have circulation in the concerned area nor copy of the newspaper was sent to the petitioner at his residence in Village or at Chandigarh, where he was occasionally residing. In undated application (Annexure P -4) filed on 25.05.1998, the aforesaid version was reiterated and it was further alleged that application (Annexure P -3) fixed for 21.12.1995 for summoning of original suit record was not traceable on 21.12.1995 and thereafter, and therefore, fresh application Annexure P -4 was moved.