RAJESH KUMAR Vs. DES RAJ ARORA AND OTHERS

JUDGEMENT

(1.) This plaintiff has filed this petition under Art. 227 of the Constitution of India for setting aside the order dated 12.1.2006, passed by Additional District judge, Sonepat, whereby after setting aside the order dated 15.10.2003, passed by the trial Court, the application under Order 9 Rule 13 Code of Civil Procedure filed by the defendants (respondents herein) has been allowed, ex parte judgment and decree dated 20.10.1992 passed by the then Sub Judge, 1st Class in Civil suit No. 241 dated 15.6.1990, titled Rajesh Kumar Vs. Des Raj and others has been set aside, the said suit has been restored to its original number and a direction has been issued to the trial Court to further proceed with the suit in accordance with law.

(2.) I have heard the arguments of learned counsel for the petitioner and have gone through the contents of the petition and the impugned order.

(3.) In this case, the petitioner filed suit for possession by way of pre- emption on 15.6.1990. In that suit, the respondents were proceeded against ex parte on 2.12.1991 on the basis that the summons were despatched on 25.10.1991, but the registered A.D. Covers had not been received back served or unserved despite the expiry of more than one month. Therefore, in view of the provision of Order 5 Rule 19-A Civil Procedure Code, the defendants were deemed to have been duly served and since they had not appeared, they were proceeded against ex parte. Thereafter, the ex parte judgment and decree was passed on 25.10.1991.