GOLI Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by the learned first Appellate Court on 25/2/2000, whereby an application filed by the respondent defendant for setting aside an ex parte judgment and decree dated 22/5/1992 was accepted and the said judgment and decree was set aside and the suit was restored to its original number.

(2.) The plaintiff petitioner filed a suit for declaration in the year 1991 to the effect that he has become owner of the suit land measuring 104 kanals for the reason that he is an occupancy tenant and such occupancy rights have ripened into ownership by operation of law. In the said suit, initially, Zile Singh, the then Sarpanch of the defendant-Gram Panchayat is purported to have refused to receive the summons on 31/3/1992 for 16/4/1992. Hence, ex parte proceedings were initiated against the defendant, which led to the ex parte judgment and decree dated 22/5/1992.

(3.) An application for setting aside of the said ex parte judgment and decree was 01ed on 1/3/1993 on the ground that the defendant was never served with the process of the suit and the report of the service on summons for 16/4/1992 was false and manipulated by the plaintiff in collusion with the process server and the person who had witnessed the service thereof. It was further pleaded that the defendant Gram Panchayat came to know about the ex parte proceedings on 1/16-2-1993, when the plaintiff was trying to strike deals with regard to the suit property with some persons in the village.