PREM SINGH Vs. BAL KISHAN AND OTHERS

JUDGEMENT

(1.) Petitioner Prem Singh has filed this revision petition against Bal Kishan and other respondents under Section 115 CPC India for setting aside the impugned order dated 03.04.2001 passed by learned Addl. Civil Judge (Senior Division), Rajpura whereby the application for setting aside the ex parte judgment and decree dated 05.06.1991 has been dismissed and also for setting aside the judgment dated 18.08.2003 passed by learned Addl. District Judge (Adhoc) Fast Track Court, Patiala whereby the appeal filed by the petitioner has also been dismissed.

(2.) The brief facts of the case are that ex parte decree, obtained by plaintiffs/respondents dated 05.06.1991 against Gurdev Singh deceased, who died on 08.07.1991 was challenged by the petitioner through his legal representative. It is stated that Gurdev Singh (deceased) was never served in the suit according to law. Gurdev Singh was permanent resident of village Naraina, Tehsil Rajpura where no summons were issued nor he was ever served and he had no residential address as given in the plaint. The address of Gurdev Singh as given in the plaint i.e. Gurdev Singh S/o Kartar Singh, Bypass near Manohar Hotel, Rajpura is vague and unspecific. It is further stated that the refusal of service by Gurdev Singh as reported by Prithi Chand Process Server dated 19.03.1989 is only regarding the injunction order issued on 13.03.1989 by the Court. Even that refusal report is illegal and against the law. There is no signature of any witness on the alleged report of refusal. Moreover, the alleged report only say that he had gone to serve the summons of the injunction order on the address given in the plaint. The report of the Process Server dated 19.03.1989 is reproduced as under:-

(3.) It is stated in the revision petition that order of the Court dated 14.06.1990 ordering to proceed ex parte does not mention that the Court was satisfied that the defendant could not be served in ordinary method and only could be served through substituted service.