Subhash vs Ram Kumar - 2022 Supreme(P&H) 1794

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 1794

HARKESH MANUJA
Subhash – Appellant
Versus
Ram Kumar – Respondent

Advocates appeared:
Mr. Ramesh Goyat, Advocate, for the Appellant; Mr. Amardeep Hooda, Advocate, for the Respondent.

JUDGMENT

Harkesh Manuja, J.(Oral) - By way of present revision petition, the petitioners have challenged the order dated 02.12.2015 passed by learned Civil Judge (Junior Division), Charkhi Dadri whereby, an application filed on their behalf for setting aside exparte proceedings, has been dismissed.

2. It may be noticed here that the parties to the lis are related to each other being brothers and sister. A suit for declaration and permanent injunction came to be filed at the instance of respondent No.l/plaintiff and the proforma respondents. In the said suit, summons were issued for effecting service upon the petitioners who happened to be defendant Nos. 3 & 5. Relevant Zimni orders passed by the learned trial Court from pages 7 to 10 of the paper-book are reproduced hereunder

'Order dated 25.10.2012

Notices to defendant Nos. 2 to 5 could not be issued for want of summons and copies etc. Plaintiff has filed his affidavit containing new address of defendant Nos.2 and 3. Plaintiff is also directed to file summons and copies of plaint etc. within one week positively and then notice to defendant Nos.2 to 5 be issued for 30.11.2012 on filing of RC, AD etc. Notice to defendant Nos. 2 and 3 be

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