TEK RAM & OTHERS Vs. RAMESH KOHLI

JUDGEMENT

(1.) Defendants have filed this revision petition under Article 227 of the Constitution of India assailing order dated 18.11.2011 passed by trial Court and judgment dated 27.05.2013 passed by the lower appellate Court.

(2.) Respondent-Plaintiff Ramesh Kohli filed suit against Ami Chand-defendant no.1, since deceased and represented by petitioners no.4 to 10 as legal representatives, Khem Chand defendant no.2/petitioner no.2, Tek Ram-defendant no.3/petitioner no.1 and Tej Ram-defendant no.4/petitioner no.3. The said suit was decreed vide judgment and decree dated 19.05.2006.

(3.) Petitioners filed application under Order 9 Rule 13 of the Code of Civil Procedure, for setting aside the said judgment and decree alleging that defendants no.1 to 3 were never served in the suit whereas counsel for defendant no.4 did not properly defend the suit and did not inform defendant no.4 about proceedings thereof.