SURINDER KUMAR BANSAL Vs. AVTAR SINGH

JUDGEMENT

(1.) The present revision petition is directed against the order dated 25.02.2010 passed by the Additional Civil Judge (Sr. Division), Naraingarh and the judgment dated 13.08.2012 passed by the Additional District Judge, Ambala whereby application of the petitioners-defendants filed under the provisions of Order 9 Rule 13 CPC read with Section 151 CPC for setting aside the ex parte order dated 10.04.1997 and decree dated 03.03.1998 has been dismissed.

(2.) The respondent-plaintiff No.1 filed suit for specific performance of agreement to sell dated 26.4.1995 against defendants No.1 to 3 in respect of land measuring 33 kanals for total sale consideration of Rs.1,77,000/- against payment of Rs.54,250/- as earnest money by challenging the sale deed dated 26.8.1996 executed by defendant No.1 in favour of defendants No.2 and 3. The target was stipulated as 15.06.1995, which was extended till 31.12.1996 on payment of Rs.10,000/- on 14.12.1995 but defendants played fraud upon him by selling 24 kanals of land vide sale deed ibid. The petitioners defendants contested the suit but did not appear and proceeded ex parte on 10.04.1997, resulting into ex parte decree dated 03.03.1998. The application under Order 9 Rule 13 CPC was filed on 16.10.1999 but the same has been dismissed.

(3.) Mr. Pritam Singh Saini, learned counsel appearing on behalf of the petitioners submitted that no registered cover or munadi with the plaint was filed by respondent No.1-plaintiff despite the order of the Court. Surinder Kumar Bansal, petitioner No.1, was posted as Executive Engineer and petitioner No.2 was studying in Thapar College, Patiala but in the suit their addresses at Panchkula were given, therefore, report on the summons was procured. Summons were not in the prescribed format and the report dated 17.02.1997 revealed that petitioners-defendants were avoiding service, which is not comprehendible as it has been proved through evidence regarding the posting of defendant No.2 at the relevant time. The execution application bearing No.14 dated 17.4.1998 was filed and on acquiring knowledge on 03.10.1999, immediately the application for setting aside the ex parte judgment and decree was filed by defendants No.2 and 3.