SUKHDEV SINGH Vs. SANTOKH SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 9.5.1986 passed by the learned Additional District Judge, Gurdaspur, in appeal whereby the order dated 15.11.1985 passed by the learned Additional Senior Sub Judge, Batala, was upheld and the appeal of the defendant-petitioners was dismissed.

(2.) SANTOKH Singh respondent No. 1 filed a suit against the petitioners on 25.5.1980 in the Court of the learned Sub Judge, Batala, for specific performance of a contract against the petitioners. Summons of the suit was issued for service of the petitioners. The report on the process made by the process server was that they had refused service. The learned Sub Judge, therefore, vide his order dated 16.10.1980 directed substituted service to be effected on them through munadi and by publication of notice in the Daily Ranjit, Patiala, for 10.11.1980. Munadi was duly effected and publication of the notice in the Daily Ranjit also took place in its issue dated 5.11.1980. As no one appeared on behalf of the petitioners before the Court on 10.11.1980, they were proceeded against ex parte. The suit was posted for ex parte evidence for 5.12.1980 and ultimately on the basis of the ex parte evidence, ex parte decree dated 4.9.1981 was passed in favour of respondent No. 1 and against the petitioners.

(3.) BOTH these issues were decided against the petitioners and the learned trial Court dismissed their application by order dated 15.11.1985 which was affirmed in appeal by the learned Additional District Judge vide his judgment under revision.