RATTAN SINGH Vs. PRITAM SINGH AND ANOTHER

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 28.4.1986 passed by the learned Additional District Judge, Gurdaspur, affirming that of Sub Judge 1st Class dated 27.3.1985 dismissing an application for setting aside the ex parte judgment and decree dated 9.5.1984.

(2.) The facts in brief are that Pritam Singh respondent No. 1 filed a suit against Rattan Singh petitioner and Sukhwinder Singh respondent No. 1 for recovery of damages on account of malicious prosecution. This suit was decreed by Shri D.S. Chhina, Sub Judge Ist Class, Gurdaspur on 9.5.1984. The petitioner and respondent No. 2 filed an application before the learned Sub Judge on 17.9.1984 under Order 9, rule 13, Civil Procedure Code, for setting aside the judgment and decree dated 9.5.1984. This application was dismissed by the learned Sub Judge vide order dated 27.3.1985. As already mentioned above, an appeal filed against the aforesaid order by the petitioner and respondent No. 2 was dismissed by the learned Additional District Judge vide order under revision.

(3.) At the stage of motion hearing, the petitioner was required to deposit decretal amount of Rs. 5,000/-. On his making the said deposit the revision petition was admitted on 11.3.1987. The learned counsel for the petitioner submits that by depositing the amount of Rs. 5,000/- he has already established his bona fides and, therefore, the ex parte decree should be set aside and should be allowed to contest the suit on merits. The matter is, however, not that simple as would be revealed from the sequence of the proceedings in the suit set out below.