BIPTU RAM Vs. BALWANT SINGH

JUDGEMENT

(1.) THIS is the plaintiff's revision against the order of the learned Trial Court allowing the application under Order 9 Rule 13 of the Code of Civil Procedure, instituted by the respondents/defendants for setting aside the ex parte decree which had been passed against them. The successor-in- interest of late Shri Khushi Ram (who was the defendant) in the suit instituted by the predecessor-in-interest of the petitioner titled Sant Ram versus Khushi Ram, filed the application for 1 Whether Reporters of Local Papers may be allowed to see the judgment? setting aside ex parte decree passed against them. The respondents herein pleaded that their predecessor-in- interest late Khushi Ram who was the defendant in the suit, was never served and that Shri Sant Ram, plaintiff (predecessor-in-interest of the petitioner) had obtained an ex parte decree in Civil Suit No. 390/1993 on 16.1.1996 in connivance with the witnesses.

(2.) THE pleadings in the application may be noticed. The applicants averred that the predecessor-in-interest of the respondents late Khushi Ram had died on 20.4.1998. The plaintiff Sant Ram died on 21.12.1996. The relevant portion of the pleading in the application is being considered herein below in order to appreciate the stand which has been taken by the respondents before the learned trial Court:-

(3.) THIS application was resisted by the petitioner herein. It was his specific stand that late Khushi Ram had been served in the suit on 18.11.1993 fixed for the hearing to be held on 18.1.1994 and a copy of the plaint had also been delivered to him at that time. The service of the defendant was effected at the address as given in the summons.