RISALDAR PAKHAR SINGH Vs. BHAJAN SINGH

JUDGEMENT

(1.) THIS revision petition has been filed by the plaintiff against the order of the Additional District Judge, Ludhiana dt. 2nd Feb:, 1979.

(2.) BRIEFLY the facts are that the plaintiff petitioner filed a suit against the defendants for declaration that he was the owner of the land in dispute. The defendants were served with summonses under registered post for 27th Dec. , 1973. Bhajan Singh and Jagjit Singh, defendants No. 1 and 2, did not appear on that date and were proceed against ex parte. The case was adjourned to 10th Jan. , 1974 for the written statement of Karam Singh defendant 3. On 10th Jan. , 1974 Karam Singh, defendant 3, admitted the claim of the plaintiff in his written statement. On 28th March, 1974 a decree was passed in favour of the plaintiff.

(3.) THE defendants Nos. 1 and 2 filed an application for setting aside the ex parte decree on 24th Oct. , 1975 and they pleaded that they came to know about the ex parte decree on 16th Oct. , 1975 when a copy of the application under S. 152 of the Civil P. C. for amendment of the judgment was supplied to them on behalf of the plaintiff. Consequently they prayed that the ex parte decree be set aside and they be allowed to contest the suit. The application was opposed by the plaintiff who inter alia pleaded that the application was beyond limitation and there were no sufficient grounds for setting aside the ex parte decree.