GRAM PANCHAYAT Vs. SURAT SINGH

JUDGEMENT

(1.) SURAT Singh and Harbans Singh plaintiff-respondents (hereinafter referred to as the plaintiffs) filed a suit for permanent injunction on 18. 11. 1983 restraining the defendant-petitioner Gram Panchayat (hereinafter referred to as the defendant) from interfering with their possession over 63 Kanals 5 Marlas of land specified in the heading of the plaint The suit was decreed ex-parte by Sub Judge 1st Class, Patti, on 14. 10. 1985. An order restraining the Gram Panchayat from dispossessing the plaintiffs or interfering with their possession otherwise than in the due course of law was passed On 15. 11. 1985, Gram Panchayat moved an application under order 5 Rule 13 C. P. C. for setting aside the ex-parte decree asserting that it had never been served; that it had neither refused to accept the service nor any munadi was done in the village and that it had come to know of the decree on 15. 11. 1985 through Kundan Singh, and on the same date had filed the application for setting aside the ex-parte decree.

(2.) NOTICE of this application was given to the plaintiffs. On service, plaintiffs put in appearance and denied the assertions made by the Gram Panchayat and submitted that the defendant had not appeared deliberately and it was served through munadi. It was also averred that the application for setting aside the ex-parte decree had not been filed within time. Allegations of fraud were also denied.

(3.) PARTIES led their evidence. After going through the same the trial Court dismissed the application by deciding both the issues against the defendant. Order passed by the trial Court was upheld in appeal Defendants being aggrieved have come to this Court.