PUNEET SAPOLIA Vs. KHALSA BUS SERVICE & OTHERS

JUDGEMENT

(1.) Present revision petition is directed against the order dated 15.10.2015, passed by the trial court allowing the application filed by contesting respondents under Order 9, Rule 13 CPC for setting-aside ex parte judgment and decree dated 31.10.2012.

(2.) The order has been assailed by the counsel for the petitioner. According to him, the applicants were fully aware of the pendency of suit and they did not appear before the court intentionally. Thus, judgment and decree dated 31.10.2012, passed in the said suit is legal and not required to be set-aside.

(3.) Plea has been opposed by learned counsel appearing for respondents No.1 and 2. He submits that since ex-parte judgment and decree dated 31.10.2012 were obtained without effecting proper service on the applicants. Thus, the court below has rightly set-aside the said judgment and decree.