STATE OF PUNJAB Vs. AMRIT LAL CHOPRA

JUDGEMENT

(1.) STATE of Punjab has filed the present Civil Revision and it has been directed against the judgment dated 21.8.1989, passed by the learned District Judge, Hoshiarpur, who dismissed the appeal of the State against the order dated 1.12.1988 passed by the Court of Senior Sub Judge, Hoshiarpur, who declined the application of the State under Order 9 Rule 13 C.P.C. for setting aside the ex parte judgment and decree dated 21.2.1987 passed in Civil Suit No. 309 of 1.9.1986, titled Amrit Lal Chopra v. Secretary, Punjab Government, Food & Supplies Department.

(2.) IT was pleaded by the State that suit titled Amrit Lal Chopra v. Secretary, Punjab Government, Food and Supplied Department was decreed ex parte on 21.2.1987. The State was prevented by sufficient cause from appearing in the Court. The officials of the Department were instrumental in not bringing to the notice of the competent officers of the Department, the date fixed for filing the written statement. The Department had already initiated disciplinary action against the delinquent official and he has already been placed under suspension. It was further pleaded that decree dated 21.2.1987 is against the law and facts. The Punjab State was a necessary party but it has not been impleaded and as such the suit of the plaintiff was bad for non- joinder of necessary parties and the decree has been passed by the trial Court on conjectures and surmises. The ex parte decree has caused miscarriage of justice and the pay of the plaintiff has been wrongly fixed.

(3.) FROM the pleadings of the parties the trial Court framed the following issues :-