PAKHAR SINGH Vs. BHAJAN SINGH AND ORS.

JUDGEMENT

(1.) THIS revision petition has been filed by the Plaintiff against the order of the Additional District Judge, Ludhiana, dated 2nd February, 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 December, 1973. Bhajan Singh and Jagjit Singh, Defendants Nos. 1 and 2, did not appear on that date and were proceeded against ex parte. The case was adjourned to 10th January, 1974 for the written statement of Karam Singh, Defendant No. 3. On 10th January, 1974 Karam Singh, Defendant No. 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 learned trial Court held that there was proper service of the Defendants, that they failed to appear in the court on 27th December, 1973 and that the application was barred by limitation. Consequently it dismissed the same. The Defendants went up in appeal before the Additional District Judge, Ludhiana who came to the conclusion that the summonses served upon Defendants Nos. 1 and 2 were not accompanied by copies of the plaint and, therefore, it could not be held that the Defendants had been duly served. It also held that the Defendants came to know about the decree on 16th October, 1975 and, therefore, the application for setting aside the ex parte decree was within limitation. Consequently it accepted the appeal and set aside the ex parte decree dated 28th March, 1984 against Defendants Nos. 1 and 2. The Plaintiff has come up in revision to this Court.