SEWA SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) THE contour of the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, initially, petitioners -plaintiffs Sewa Singh & Harinder Singh ss/o Balbir Singh (for brevity "the plaintiffs") have instituted the civil suit (Annexure P1), for a decree of declaration to the effect that they, along with their brothers, are owners & in possession, with a consequential relief of permanent injunction, restraining respondents - defendants Punjab State, BDPO & ASI, Police Chowki, Ghanauli, District Rupnagar (for short "the defendants") from interfering into their possession over the property in dispute. Since no body appeared on behalf of defendants No.1 & 2, so, the exparte proceedings were ordered against them by the trial Court, vide order dated 26.4.2004 (Annexure P2).

(2.) SEQUELLY , the application (Annexure P3) was filed on behalf of defendant No.2 for setting aside the ex parte proceedings. As it was filed by some Sarpanch of Gram Panchayat (for brevity "the GP"), without any authority and not on behalf of defendant No.2 -BDPO, therefore, the application was held to be not maintainable and was dismissed as such by the trial Court, by virtue of order dated 20.9.2006 (Annexure P5). Ultimately, defendant No.2 filed the application (Annexure P9) for setting aside the ex parte order (Annexure P2). The plaintiffs refuted his prayer, filed the reply (Annexure P10), strongly denied all the allegations contained in the application and prayed for its dismissal.

(3.) AGGRIEVED thereby, the petitioners -plaintiffs have preferred the present petition, invoking the superintendence jurisdiction of this Court under Article 227 of the Constitution of India.