SINGH Vs. PURBIA

JUDGEMENT

(1.) A suit was instituted by Purbia, who is the respondent in this revision, in the Court of Senior Sub-Judge, Mandi, being suit No. 29 of 1979. The plea raised in the suit was that defendants Nos. 2 and 3, namely, Karam Dass and Barthi, both his brother and sister, had transferred their 1/3rd and 1/6th share, respectively, in land on Jan., 19, 1978 in favour of Singh, who is the applicant in this revision, for Rs. 3000/-. This sale, according to the case set up in the plaint, was void as the property was joint Hindu family co-parcenary property and there was no legal necessity and, therefore, Karam Dass could not alienate it. Also, that Barthi had no right to sell the Property.

(2.) The suit was decreed ex-parte as defendants No. 1, the present applicant, failed to appear in spite of service of summons upon him. The decree was passed on Oct. 27, 1979 by which it was declared that the sale aforesaid was void. A decree for possession was also granted in favour of the plaintiff.

(3.) An application under O.IX, R.13, C.P.C. was made by Singh for setting aside the ex parte decree, on Jan. 18, 1980. It was registered as Miscellaneous application No. 2 of 1980. The trial Judge came to the conclusion that the defendant was duly served and was, therefore, not entitled to the relief of setting aside of the ex parte decree. The finding was that the service of summons was effected upon him by affixation. In appeal, which Singh preferred against the aforesaid order, the conclusions arrived at by the trial Judge were affirmed. The appeal (C.M.A. No. 6 of 1981) was dismissed on Nov. 24, 1981 by the learned District Judge, Mandi. Thereafter, the present application in revision by Singh under S.115, C.P.C.