SUKHBIR SINGH Vs. NARESH KUMAR

JUDGEMENT

(1.) DEFENDANT Sukhbir Singh (petitioner herein) in a suit for possession seeking specific performance of the contract filed interalia by plaintiff Naresh Kumar (now respondent) had been proceeded against exparte on 20.12.2010. His application dated 16.01.2013 for setting aside the exparte proceedings against him was dismissed on 24.10.2013. This order is under challenge in this revision petition.

(2.) BY way of present revision petition, challenging the impugned order, it is claimed that neither the petitioner -defendant was ever served in suit nor had any knowledge about pendency of the same. It is also urged that the respondent -plaintiff had taken petitioner -defendant along and had served him liquor under intoxication of which, respondent -plaintiff had got his thumb impression on some statement but he had never made any conscious statement and thus any such statement made in the Lok Adalat on 13.02.2011, is not binding on him.

(3.) DURING the course of arguments counsel for the petitioner has urged that when statement dated 13.02.2011 made in the Lok Adalat was neither volitional nor consciously made by him, it doesn't take affect and exparte proceedings against him should be set aside.