The court emphasized the importance of addressing procedural irregularities and considering the legal provisions relevant to the maintainability of the suit in setting aside the ex parte order.

JUDGMENT

Amit Rawal, J. - The present revision petition is directed against the orders dated 07.04.2010 and 05.02.2015, whereby the application dated 20.11.2003, under Order IX, Rule 13 of the Code of Civil Procedure, for setting aside the ex parte order, judgment and decree dated 30.04.2002 and 23.07.2003, has been dismissed.

2. The plaintiff-Bhagirath (deceased through LRs), instituted a suit by arraying the petitioner Jagdish Poonia son of Shiv Lal Punia, by giving the address as House No.408 Sector 40, near New National Law College, Gurgaon, Tehsil and District Gurgaon, claiming following relief:-

''Suit for permanent injunction to the effect that the plaintiff is owner of plot No.1556 Sector 14-P, Hisar and the plaintiff has cancelled the General Power of Attorney, vide registered document (Cancellation Deed) No.267 dated 08.10.2001, which was executed by the plaintiff in favour of defendant no.1, vide registered GPA No.148 dated 10.6.1996, therefore, the defendant No.1 has got no concern, title or interest in the plot of the plaintiff and therefore, the defendant No.1 be restrained from transferring the plot of the plaintiff and defendant No.2 be restrained from changing the record of owner of the disputed plot; on the basis of evidence both oral and documentary of every kind.''

3. In pursuance to the aforementioned notice, the trial Court, on 22.04.2002 and 30.04.2002, passed the following order:-

''Order dated 22.04.2002

Present: Shri Anil Bansal, counsel for the plaintiff.

The suit received by way of entrustment. It be checked and registered. Office report perused. The Ld. counsel for the plaintiff requested ad interim injunction restraining the defendants from alienating the suit property in any manner whatsoever. But before granting the injunction, I deem it proper to issue notice to the other party. Therefore, notice of the suit as well as injunction application be issued to the defendants for 30.04.2002, on filing of PF etc.

Order dated 30.04.2002

Present: Shri Anil Bansal, counsel for the plaintiff.

Ms. Usha Manda, counsel for defendant no.2.

None for defendant No.1.

Summons of defendant No.1 received back with a report that he refused to accept the summons. The report is supported by 1 witness. Therefore, the service is complete. The case called several times since morning. But none has turned up to appear on behalf of defendant No.1. It is already 3.15 pm. No further wait seems to be justified. Therefore, defendant No.1 is hereby proceeded ex parte. Adjournment request by Ld. counsel for the defendant No.2 for filing of written statement and reply. Therefore, written statement and reply be filed on 07.06.2002. However, keeping in view of the facts and circumstances of the case, defendant No.1 is hereby restrained from alienating the Plot in dispute in any manner and defendant No.2 is restrained from transferring the ownership of the Plot in dispute till that date.''

4. On perusal of the aforementioned orders, simply on the refusal of the summons and the report of the Process Server, allegedly witnessed by one witness, ex parte proceedings were initiated, resulting into, ex parte judgment and decree ibid.

5. Mr. Robin Singh, learned counsel appearing on behalf of the petitioner submitted that the plaintiff had entered into an agreement dated 10.06.1996 by executing a General Power of Attorney dated 10.06.1996, in favour of his client, duly registered, and Will in favour of Jagdish Punia, his son, against the valuable consideration. The GPA empowered the petitioner to get the plot bearing No.1556, Sector 14 (P), Hisar, for transfer, but owing to the cancellation, on 03.06.1997, the aforementioned right could not be exercised. The aforementioned plot was restored under the orders of Hon'ble the Supreme Court, on 28.09.2001. The address given in the memo of parties of the suit was not correct as the agreement dated 10.06.1996 contained the address as Jagdish Punia son of Shiv Lal Punia, resident of Mallapur, Tehsil