JIT SINGH Vs. SURJIT SINGH

JUDGEMENT

(1.) Petitioner-defendant is in revision against the order dated 21.12.2011 (P.2) vide which his application filed under Order 9 Rule 13 CPC for setting aside ex parte judgment and decree dated 05.5.2008 has been dismissed in default as also order dated 15.12.2017 (P.4) passed by the trial Court whereby his application seeking restoration of the application filed under Order 9 Rule 13 CPC has been dismissed.

(2.) Respondent-plaintiff filed a suit for possession by way of specific performance of land measuring 4 kanal 0 marla having share out of 24 kanal 13 marla as per jamabandi for the year 1999-2000 on the basis of agreement to sell dated 03.6.2003. The Process server got prepared a false report qua refusal of service, which resulted into passing of ex parte order dated 13.6.2005 and thereafter decretal of the suit in favour of the respondent on 05.5.2008.

(3.) As soon as the said fact came to the knowledge of the petitioner, he filed an application on 13.3.2009 under Order 9 Rule 13 CPC for setting aside the ex parte judgment stating that no effective service had been effected upon the petitioner-defendant. Said application was For Subsequent orders see CM-6131-CII-2018 dismissed in default. The petitioner again moved an application for restoration of the application moved under Order 9 Rule 13 CPC on 19.4.2012 but the same has also been dismissed vide order dated 15.12.2017.