VIJAY KUMAR Vs. HARDAM SINGH

JUDGEMENT

(1.) Feeling aggrieved against the judgment dated 03.08.2016 (Annexure P-6) passed by learned Additional District Judge, Bathinda, upholding the order dated 08.12.2014 (Annexure P-5) passed by the learned trial Court, thereby dismissing the application of the defendant under Order 9, Rule 13 of the Code of Civil Procedure (for short 'CPC'), for setting aside the ex-parte decree dated 22.10.2007, petitioner has approached this Court, by way of instant revision petition under Article 227 of the Constitution of India, for setting aside the impugned orders.

(2.) Brief facts, necessary for disposal of the present revision petition, are that Civil Suit No. 31 dated 21.02007 was filed by the plaintiff-respondent Hardam Singh for recovery, on the basis of pronote and receipt executed by the defendant-petitioner in favour of the plaintiff. When the defendant was not being served in the ordinary course, plaintiff sought to serve him through publication. The learned trial Court felt satisfied about the due service on the defendant. However, when defendant did not come forward despite service, to contest the suit, it was decreed ex-parte by the learned trial Court vide its judgment and decree dated 210.2007 (Annexure P-1).

(3.) Plaintiff-decree-holder filed his execution application dated 10.05.2008 (Annexure P-2) impleading the defendant-petitioner on the same address, at which he was impleaded as defendant in the suit. After about six years, petitioner filed his undated application (Annexure P-3) under Order 9, Rule 13 CPC for setting aside the above said ex-parte decree dated 22.10.2007. Respondent-plaintiff filed his reply to the application vide Annexure P-4 dated 02.08.201 After hearing the learned counsel for the parties and going through the record, the learned trial Court dismissed the application of the petitioner vide its impugned order dated 08.12.2014 (Annexure P-5). Petitioner filed his appeal which also came to be dismissed by the learned Appellate Court vide its impugned judgment dated 008.2016 (Annexure P-6). Hence this revision petition at the hands of the defendant.