RANJIT SINGH Vs. PREM PARKASH (DECEASED)

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order dtd. 15/2/2018, passed by the learned District Judge, Rohtak, allowing the application filed by the respondent herein, under Order IX Rule 13 CPC, directing the trial Court to allow him to grant one opportunity to contest Civil Suit No. 105, decided on 26/7/2013.

(2.) Yesterday when the case came up for hearing, without noticing that the impugned order is actually dtd. 15/2/2018, i.e. more than one year ago, and that this petition has been filed on 24/1/2019, this Court had asked learned counsel for the petitioner to distinguish the judgment of this Court cited by the learned appellate Court in Dharampal Singh v. Amar Singh and others, 2013 (7) RCR (Civil) 2561, to hold that the procedure in effecting service of notice issued not having been shown to be specifically followed, the onus was actually upon the plaintiff to show that the procedure had been followed.

(3.) Today, having seen that the impugned order was passed more than one year ago, and on query put to learned counsel as to the stage of the trial, he has submitted that after the order was passed and the trial recommenced, evidence has already been led and in fact the matter is now posted by trial Court for hearing on 11/3/2019, for final orders.