BALDEV RAJ SHARMA Vs. KANTA DEVI AND ORS.

JUDGEMENT

(1.) This order disposes of RSA No.2693 of 2009 titled Baldev Raj Sharma vs. Smt. Kanta Devi and others and RSA No.2924 of 2009 titled Sh. Janak Singh and another vs. Smt. Kanta Devi and others.

(2.) This Court would without any hesitation intercede in these twin matters as there is clearly discernible a rather serious flaw in the procedure adopted by the lower appellate court which has led to the passing of the first appellate judgment reversing the judgment and decree of the trial Court. The serious issue raised before this Court by the learned counsel for the 11 th defendant who claims to be a bona fide purchaser of corpus was that his client was not represented by counsel when the lower Judge's appellate judgment was delivered for the reason that he was not served with the summons in appeal and thus had no knowledge of the proceedings.

(3.) Having regard to the zimni orders in the order sheet, the judgment and decree and the recorded appearance of the parties in Civil Suit No.224 in the Court of the learned Additional Civil Judge (Sr. Division), Pathankot reveals that the 11th defendant, Baldev Raj Sharma, was represented by Mr. Rajiv Joshi, Advocate, before the trial Judge. It is obvious that the 11th defendant was not ex parte as asserted by the opposite counsel Mr. Chauhan to the contrary.