CHHOTA SINGH Vs. DEEWAN N K KHOSLA

JUDGEMENT

(1.) The present revision is directed against the order passed by the learned Trial Court on 26.9.1995 whereby on an application filed by defendant Naval Krishna Khosla, (hereinafter referred to as an applicant), the ex parte decree dated 1.10.1994 was set aside.

(2.) The petitioner herein filed a suit for declaration in the year 1973 to the effect that he is the owner and in possession of the land measuring 53 Kanals 6 Marias on the basis of sale deed dated 21.9.1955 executed by Brij Mohan Khosla, father of Naval Krishna Khosla-defendant No. 2 for valuable consideration. In the said suit, Brij Mohan Khosla was served. He put in appearance before the learned Trial Court on some dates but subsequently, abstained from proceedings. Defendant No. 1 Navai Krishan Khosla, was served by way of substituted service by publication in Daily Newspaper, Chardi-kalan. On the basis of such substituted service, defendant No. 1 was proceeded ex parte and after recording ex parte evidence, the suit was decreed on 1.10.1974.

(3.) The application for setting aside of such decree was field on 7.12.1983. It was alleged by the respondent-applicant that he came to know about such decree for the first time only on 10.11.1983 when Shri S.N. Khosla, Advocate, communicated to the applicant about the entries in the revenue record on the basis of ex parte judgment and decree when he was engaged. Such communication was result of the request of the applicant to file an ejectment petition against the petitioner therein.