DES RAJ Vs. RAGHUNATH SINGH

JUDGEMENT

(1.) THIS revision is directed against the judgment dated: 07.10.1996 passed by learned District Judge, Jammu in file No.l46/Misc. Appeal. By means of impugned judgment order passed by the City Judge, Jammu in file No. 12/Misc. dated: 15.03.1995 has been upheld; thus the dismissal of application under order 9 Rule 13 of the CPC filed by the petitioners for setting aside judgment and decree of the trial court in file No.63/Civil dated: 31.10.1990 has been upheld.

(2.) FACTS regarding which learned counsel for the parties were not at variance are that a suit titled "Raghuriath Singh vs Madan Lal & another" was filed in the court of City Judge, Jammu. This was registered as file No.63/Civil. Exparte decree came to be passed in it on 31.10.1990 and it was held that defendants not being the sons of Late Sansar Singh are not entitled to inherit the property of deceased Sansar Singh, whereas plaintiff being the only heir and successor -in -interest is entitled to inherit the property left by deceased Sansar Singh. Defendants were further restrained from interfering into the peaceful possession of the plaintiff over the suit property and further restrained from alienating or changing the nature of the same.

(3.) PETITIONERS were proceeded against exparte on the basis of presumption having been raised against them on 21.08.1990, reason was that notices sent by registered post were not received back either delivered or undelivered. In these circumstances presumption of service under Section 5 Rule 19 -A of the CPC was raised by the trial court and thereafter petitioners were proceeded against exparte, which culminated in passing of the decree as noted hereinabove.