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2017 Supreme(P&H) 709

RAMESHWAR SINGH MALIK
Vijay Kumar – Appellant
Versus
Hardam Singh – Respondent


Advocates:
For the Petitioner:Mr. Sherry K. Singla, Advocate.

JUDGMENT

Rameshwar Singh Malik, J.: (Oral) - Feeling aggrieved against the judgment dated 03.08.2016 (Annexure P-6) passed by learned Additional District Judge, Bathinda, upholding the order dated 08.12.2014 (Annexure P-5) passed by the learned trial Court, thereby dismissing the application of the defendant under Order 9 Rule 13 of the Code of Civil Procedure (for short ‘CPC’), for setting aside the ex-parte decree dated 22.10.2007, petitioner has approached this Court, by way of instant revision petition under Article 227 of the Constitution of India, for setting aside the impugned orders.

2. Brief facts, necessary for disposal of the present revision petition, are that Civil Suit No.31 dated 21.02.2007 was filed by the plaintiff-respondent Hardam Singh for recovery, on the basis of pronote and receipt executed by the defendant-petitioner in favour of the plaintiff. When the defendant was not being served in the ordinary course, plaintiff sought to serve him through publication. The learned trial Court felt satisfied about the due service on the defendant. However, when defendant did not come forward despite service, to contest the suit, it was decreed ex-parte by the learned tria



































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