OM OIL AND SERVICE STATION Vs. JASBIR SINGH

JUDGEMENT

(1.) Petitioners have filed this petition challenging the orders dated 25.2.2011 (Annexure P-9) and 30.4.2013 (Annexure P-10).

(2.) Learned counsel for the petitioners has submitted that service had not been effected on the petitioners. Hence, they had no knowledge about the suit filed by the respondent. In these circumstances, the ex parte decree passed by the Trial Court against the petitioners was liable to be set aside. Petitioners had examined hand writing expert to establish that the summons alleged to have been signed by petitioner No. 2, did not bear his signatures.

(3.) In the present case, respondent had filed suit for damages against the petitioners and Indian Oil Corporation. In the said suit, respondent-Indian Oil Corporation was represented by its counsel whereas the petitioners were proceeded ex parte. The suit filed by the respondent was decreed on 27.5.2004 for recovery of Rs. 2,92,000/- along with interest and costs against the petitioners. So far as the Indian Oil Corporation was concerned, the suit qua the company was dismissed.