AMINBIN KHALIQ Vs. BHARAT SMALL ARMS PVT LTD

JUDGEMENT

(1.) THIS appeal has been directed against an exparte decree and judgment passed by Sub -Judge. Kathua on 14 -7 -1982. The suit filed by the appellant -defendants is for recovery of Rs.6,560/ - with interest and with an additional prayer for mandatory injunction directing him to return the suit articles. In a bid to affect service of summons upon the defendant, the trial court has all along from 4 -5 -1981 up to 8 -1 -1982 sent summons through registered post. On 8 -1 -1982 the court has directed the counsel for the plaintiff to furnish registered envelop within two days and on doing so, summons were ordered to be served.

(2.) ON 6 -2 -1982, the trial court records its order as under : - -

(3.) THE present appeal has been filed on so many grounds which were not pressed. The sole "ground on which the learned counsel for the appellant has stressed was that the trial court has committed an error in dismissing the appellant -defendantâ„¢s application for setting aside the exparte proceedings. The defendant without losing time had appeared before the court as soon as he got the knowledge of exparte proceedings having been taken. The court by dismissing his application has debarred him from participating in the proceedings and from defending his case. He was never served and the trial courtâ„¢s assumption of service is totally contrary to law and facts.