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2022 Supreme(P&H) 1176

RAJBIR SEHRAWAT
Sukhchain Singh – Appellant
Versus
Chhinda Singh – Respondent


Advocates:
Mr. Nitin Rampal, Advocate, for the Appellant

JUDGMENT

Rajbir Sehrawat, J. (Oral) - This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 27.10.2021 (Annexure P-3), passed by the Civil Judge (Junior Division), Ferozepur, whereby the application of the petitioner for setting aside the ex-parte order dated 3.12.2018 was dismissed. It is also prayed that the application of the petitioner/defendant No.2 for setting aside the ex parte order dated 3.12.2018 be allowed.

2. A perusal of the impugned order shows that the petitioner was defendant No.2 in the suit and he was proceeded ex-parte vide order dated 3.12.2018. Before proceedings ex-parte, the efforts were made to serve the petitioner. However, although the father of the petitioner, who is the defendant No.1 in the suit, was served, the notice could not be served upon the petitioner because he was disclosed to have left the village. Since even the parents of the petitioner had not given the address of the petitioner, therefore, munadi was got conducted in the area, where the property in dispute is situated. Since the petitioner did not appear despite munadi, therefore, he was proceeded ex-parte vide order dated 3.12.2018. Th

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