HARBANS LAL Vs. CHARANJIT SINGH

JUDGEMENT

(1.) Petitioners are seeking setting aside of ex parte decree passed against them on the ground that trial Court had committed procedural violation of provisions of O. 5. Rr. 2 and 17 of C.P.C. The question that falls for determination is whether in the facts and circumstances of the case, Court below has committed an irregularity or illegality and can the decree be set aside as petitioners had not been duly served.

(2.) Petitioners were defendants in a suit brought against them by respondent No. 1. The suit was for restraining them from interfering in the possession and use of plot measuring 6 marlas comprising Khasra No. 422, situate at Shakti Nagar, Jammu. Summons were issued to them. In case of petitioner No. 1 it was affixed on the walls of his house and in case of petitioners 2 and 3 it was tendered to them by process-server which they refused to acknowledge.

(3.) Petitioners approached trial Court on 1/11/1988 praying for setting aside of the ex parte decree. Their prayer was, however, rejected vide order dated 4/09/1988. They went in appeal against the order but again failed. In a last ditch effort they have filed this revision petition calling in question orders passed by two courts below.