GURPRIT SINGH Vs. RANJIT KAUR

JUDGEMENT

(1.) This application has been filed by respondent under Section 151, Code of Civil Procedure for recalling the ex parte order dated 13-2-1996 passed by this Court- In this application it has been stated that the notice of the revision petition was never served upon respondent No. 1 (applicant) who is the illiterate widow lady and is the only contesting respondent.

(2.) Notice of this application was issued to the petitioner/non-applicant. Reply to this application by way of affidavit has been filed off behalf of the non-applicant. In para-2 of the reply, it has been stated that applicant Ranjit Kaur was duly served in the revision petition as she refused to accept the summons and avoided the service.

(3.) Mr. Sanghi, learned Counsel appearing on behalf of the applicant submitted that as per report of the process-server, the applicant was avoiding service and as such the applicant should have been served in terms Order 5, Rule 20 and she could not have been proceeded ex parte.