RAM PARKASH Vs. JAGDISH KUMAR

JUDGEMENT

(1.) THIS revision petition is directed against the order dated September 15, 1988, passed by the Additional Senior Sub Judge, Ropar, by which the application of the petitioner for setting aside the ex-parte order dated September 30, 1986, was dismissed.

(2.) BRIEFLY stated, the facts of the case are that Jagdish Kumar, plaintiff- respondent, filed a suit for possession of the suit land on March 26, 1982, alleging that Narain Dass was previously the owner of the land in dispute and he had died on October 10, 1970, leaving behind no legal heir. Plaintiff respondent claimed himself to be the nephew of Narain Dass deceased. According to him, Narain Dass, deceased, had executed a Will dated December 27, 1. 968, in his favour and, therefore, he was the exclusive owner of the suit property. It was further alleged in the plaint that the defendant-petitioner colluding with the Revenue authorities got mutation of suit land sanctioned in his favour in the year 1972, which was illegal and wrong. The defendant petitioner was summoned through registered post for May 11, 1982, but he refused to accept service. He was, therefore, served by publication in "daily Samaaj", Ludhiana, for August 4,1982. He did not appear in Court and was proceeded ex-parte.

(3.) THE defendant-petitioner filed an application on October 30, 1984 for setting aside the ex-parte judgment and decree dated November 10, 1982, wherein it was alleged that his address was not correctly given and he was not personally served and, therefore, he could not be proceeded against ex-parte. In that application, issues were framed and the defendant-petitioner was granted five opportunities to produce his evidence. He did not produce any evidence and was granted last opportunity for September 30,1986, on which date also he did not come present and his application for setting aside the ex-parte decree was dismissed.