SATNAM SINGH Vs. ROOP LAL

JUDGEMENT

(1.) This appeal is directed against order dated 9.10.1997 passed by Additional District Judge, Amritsar dismissing the application of the defendants (appellants herein) under Order 41 Rule 21, C.P.C. for setting aside ex parte decree dated 30.5.1992.

(2.) In brief, the facts are that on 6.5.1989, plaintiff (respondent herein) filed suit for possession, of land measuring 15 Kanals 6 Marias impleading 10 defendants including his mother, Smt. Phoola Rani, his three brothers, namely, Jagdish Raj, Vijay Kumar and Bito (minor). All the defendants were proceeded ex parte. Vide judgment dated 29.10.1991 the suit was however dismissed by the Subordinate Judge 1st Class, Tarn Tsran. Plaintiff being aggrieved of the said order, filed Civil Appeal No. 111 dated 30.11.1991. Learned Additional District Judge summoned the record of the case and allowed the appeal by taking into consideration the additional documents which had not been exhibited by the trial Court.

(3.) It is the case of defendants that on coming to know of the ex parte decree, appellants made an application dated 4.10.1993 under Order 41 Rule 21, C.P.C. that the appeal has been decided without any notice to them and as such ex parte judgment and decree be set aside and they be heard on merits.