SOHAN SINGH Vs. PURAN SINGH

JUDGEMENT

(1.) ON 3rd March, 1981, Puran Singh filed a suit for recovery of Rs. 6,120/ -against Sohan Singh on the basis of a pronote. The trial Court vide order dated 7th April, 1981 directed Sohan Singh to be served for 6th May, 1981 by registered post The registered letter came back vide report of the postman dated 14th April, 1981 to the effect that the addressee had refused to take the registered letter and on the basis of that the trial Court proceeded and passed ex parte decree on 19th May, 1981.

(2.) ON 17th September, 1981 the judgment debtor filed application under Order 9 Rule 13. Code of Civil Procedure for setting aside the ex parte decree saying that he was not served in the suit nor had ever refuse to received the registered cover. The application was contested by the decree -holder. On the issues framed in the case, the evidence was led and the trial Court held that the application was time barred and that it was proved that Sohan Singh had refused to take the registered letter. On judgment debtor's appeal, it was held that the application was within time and to this extent the finding of the trial Court was reversed but the other finding of the trial Court was endorsed. This is revision by the judgment debtor.

(3.) FOR the reasons recorded above, this revision is allowed and after allowing the application under Order 9 Rule 13 of the Code, the ex parte decree dated 19th May, 1981 is hereby set aside. The parties through their counsel are directed to appear in the trial Court on 12th May, 1986 when a date would be given to the Defendant for filing of the written statement. Since it would be one of the old suits, the trial Court will pay special attention for speedy disposal. The parties are left to bear their own costs.