BALJINDER SINGH Vs. SARABJIT KAUR

JUDGEMENT

(1.) This revision petition has been filed by one of the defendants, who was proceeded ex parte and his application to re-call the ex parte proceedings has also been dismissed by the learned Civil Judge (Sr.Div.), Nawanshahr vide the impugned order dated 14.10.2004.

(2.) Briefly stated, a suit for joint possession of 1/8th share in the land measuring 68 kanals 7 marlas situated within the revenue estate of Village Bharo Majra, Tehsil & District Nawanshahr, has been filed by the respondent-plaintiff. Five defendants including the petitioner have been arrayed in the suit and all of them are shown to be residents of Village Bharo Majra, Tehsil & District Nawanshahr. It appears that the petitioner instead of the aforesaid village, started living in Village Kesari Singhpur, District Sri Ganganagar, Rajasthan. Registered notices were sent to him on the above-stated address of Rajasthan also, which he refused to receive.

(3.) Thereafter, a notice appears to have been published in the newspaper and since he failed to appear despite that, the trial Court proceeded against him ex-parte vide order dated 28.2.2001. In the year 2003, the petitioner moved an application to set aside the ex parte proceedings, however, his application has since been dismissed by the learned trial Court vide the impugned order.