PIARA SINGH Vs. SUKHWINDER KAUR

JUDGEMENT

(1.) The present revision petition has been filed against order dated 17.11.2003 vide which the learned Additional District Judge, Amritsar set aside the judgment and decree dated 7.8.1998 and directed Civil Appeal No. 104 of 27.7.1997 to be re-heard.

(2.) Piara Singh and his sons Charan Singh and Gurdeep Singh, petitioners in this petition, filed a suit against Balwinder Singh, Pritam Kaur and Sukhwinder Kaur for declaration being exclusive owners in possession of the suit property on the basis of a will dated 3.8.1989 executed in their favour by Joginder Singh. The suit was filed against Pritam Kaur widow of Joginder Singh, Balwinder Singh another son of Joginder Singh and Sukhwinder Kaur daughter of Joginder Singh. The suit was contested and ultimately dismissed by the trial Court with the findings that the will set up by Piara Singh and others was not genuine.

(3.) Against this judgment, Piara Singh and others, petitioners herein, filed a first appeal. In the first appeal Balwinder Singh and Pritam Kaur were proceeded against ex parte on the basis of a report that they refused to accept summons and Sukhwinder Kaur was ordered to be summoned again as she could not be summoned in the first instance. Thereafter again it was reported that she was not residing at the given address and accordingly she was ordered to be summoned by beat of drum. Even thereafter when she failed to attend the Court, she was ordered to be proceeded against ex parte.