RATTAN SINGH Vs. SARDOOL SINGH

JUDGEMENT

(1.) Sardool Singh (Plaintiff) filed suit for possession by way of specific performance against Rattan Singh (defendant) qua land measuring 14 Kanals 12 Marias on 5.1.87 which was decreed ex parte vide order dated 10.12.1987 by Sub Judge, 1st Class, Sirsa.

(2.) Rattan Singh (defendant) filed an application on 14.6.1988 for setting aside ex parte decree on the allegations that summons were never served upon him. It was on account of non-service of summons upon him that he could not appear in Court. He had no notice of the date of hearing of the case and was thus prevented from appearing in Court. He had no knowledge of the ex parte decree. He came to know of the ex parte decree on 3.6.88.

(3.) Sardool Singh (plaintiff) contested this application urging that there was proper service on him through summons. Munadi was also effected in the village. Still he did not appear and he has proceeded against ex parte. He was in the knowledge of the date fixed for his appearance. He intentionally refused to accept service through registered AD. It was denied that he came to know of the ex parte decree on 3.6.1988. He had knowledge of the date of hearing of suit when he refused to accept service and as such this application was time barred.