SRI BHAGWAN Vs. SATENDER KUMAR

JUDGEMENT

(1.) INSTANT civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 03.10.2013 (Annexure. P -2) passed by learned Additional Civil Judge (Sr. Divn.), Hathin whereby application under Order IX Rule 13 moved by the respondent for setting aside the ex parte decree dated 29.02.2008, has been allowed. Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that the petitioner filed suit for possession by way of specific performance of contract against the respondent. In the said suit, the respondent could not be served with ordinary mode of service and ultimately application under Order V Rule 20 CPC was moved by the petitioner which was allowed, and summoning of the respondent through publication was ordered in newspaper 'Amar Ujala' for 15.12.2006. However, the respondent did not appear despite publication and ultimately, he was proceeded against ex parte. Thereafter, the ex parte decree dated 29.02.2008 was passed against the respondent. The respondent moved application under Order IX Rule 13 CPC for setting aside the decree dated 29.02.2008. Upon notice, the petitioner put in appearance and alleged that the respondent was served by way of publication and he was well aware of the pendency of suit. The trial Court framed the issues and the parties led their evidence. The trial Court after considering the pleadings and evidence on record allowed the application under Order IX Rule 13 CPC while observing that substituted service through publication in the newspaper was not sent to the house of the respondent. Hence, this revision petition.

(2.) I have heard learned counsel for the petitioner and perused the record.

(3.) I have considered the contentions of learned counsel for the petitioner and perused the record.