GH MOHD DAR Vs. GH NABI DAR

JUDGEMENT

(1.) THIS revision petition is directed against order dated 18th November, 1998, passed by the learned City Munsiff, Srinagar, dismissing the application of the petitioners for setting aside the ex -parte proceedings initiated against them vide court order dated 5th August, 1992.

(2.) FACTS , in brief, are that respondent No. 1, namely Ghulam Nabi Dar, filed a suit for possession of land measuring 11 marlas covered by Khasra No. 216 against the petitioners and respondents 2 to 8 herein in the court of City Munsiff, Srinagar. The petitioners were proceeded against ex -parte on 5th August, 1992. According to the petitioners, as soon as they came to know about the ex -pare proceedings, they filed an application through counsel for setting aside the same, but the application was dismissed by the learned trial court.

(3.) THE application filed by the petitioners for setting aside the ex -parte proceedings has been dismissed by the trial court on two counts: firstly, that no sufficient case has been established by the petitioners for setting -aside the ex -parte proceedings; and secondly, that notices were directly served upon the petitioners and, in fact, they engaged a counsel to contest the case on their behalf. As such, the ground taken that they had no knowledge of the pendency of the suit was not entertainable. The petitioners, being aggrieved of the order of the learned trial court, dismissing the application, have come to this Court in revision against the said order.