LAKHVINDER SINGH Vs. PALVINDER KAUR

JUDGEMENT

(1.) PETITIONER Lakhwinder Singh has filed Civil Revision No. 3648 of 1993 against the order dated 25th November, 1992 passed by the Additional District Judge, Jind on an application filed by the respondent Palvinder Kaur for setting aside exparte decree dated September 3, 1987. Since, the revision petition has been filed after the expiry of the period of limitation, the petitioner has filed an application under Section 5 of the Indian Limitation Act, for condonation of delay.

(2.) A brief reference of the facts of the case is essential for proper appreciation of the claim made in the petition for condonation of delay in filing of the revision petition for the purpose of setting aside the order dated 25.11.1992, passed by the learned Additional District Judge, Jind.

(3.) ON the application filed by the respondent for setting aside the exparte decree, notice was issued to the petitioner. After notice was served on the petitioner a communication was received by the Court below from the Army Authorities that it was not possible to despatch Lakhvinder Singh to appear before the Court due to exigencies of service. Taking note of the communication received from the Army Authorities, the Court passed an order dated 7.11.1991 adjourning the case. At the same time, it directed that the Army Authorities be informed. The case was then adjourned on four dates to await a response from the Army Authorities. On 12.3.1992, the learned Additional District Judge directed the issuance of a notice by registered post to Lakhvinder Singh. On 25.3.1992, Lakhvinder Singh appeared before the Court to collect information regarding the next date of hearing. On 31.3.1992, Sh. S.S. Poonia Advocate appeared on behalf of the petitioner and requested for adjournment. On 2.4.1992 also, Sh. Poonia requested for adjournment so as to enable him to file a reply. On 6.4.1992, the Court recorded that reply had been filed. At the same time, the Court framed three issues. Statement of the respondent Palvinder Kaur was recorded by the trial Court on 14.5.1992 and the case was adjourned to 2.6.1992 for evidence of the respondent. It was adjourned to 24.7.1992, 5.8.1992 and 9.9.1992 for recording evidence of Lakhvinder Singh. On 16.10.1992, neither Lakhvinder Singh appeared before the Court nor his counsel. The Court took up the matter more than once and finally ordered exparte proceedings. On 6.11.1992, the Court passed the impugned order setting aside the decree dated 3.9.1987. In his order, the learned Additional District Judge, observed as under : -