MOHINDER SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order passed by the learned courts below dismissing an application moved by the petitioners under Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure for setting aside ex parte decree passed by in favour of the plaintiff-respondent.

(2.) A suit titled as 'Mohinder Singh v. Uttam Singh and others' was decided by the court of learned Sub Judge II Class, Amritsar on 24.10.1985. Said judgment was ex parte.

(3.) IT was claimed by the petitioners that they have already set up their factory at the disputed site and they are fulfiling their export commitments by working therein for the last so many years. The petitioners also raised loan from Punjab Financial Corporation. It was claimed that the petitioners came to know about the said judgment and decree only on 22.8.1998 when they visited the court premises in connection with their other cases and after making inquiries the application was immediate filed on 29.8.1998. The petitioners also claimed that as per basic principle of law rights of various parties should preferably be adjudicated on their merits and technicalities of law should not come in the way of justice. It was also claimed that the absence of the petitioners was neither intentional nor willful and therefore, they should be allowed to defence the suit and ex-parte judgment and decree be set aside.