- (1.) Harbhajan Singh has filed this revision against the order of the learned Subordinate Judge IInd Class, Ludhiana, dated September 19, 1979, by which his application for the setting aside of the ex-parte ejectment order dated December 1, 1978, was rejected.
(2.) The petitioner had filed an application for the setting aside of the ex-parte ejectment order on the ground that he was never served personally; that he had no knowledge about the proceeding pending in the Court until December 1, 1978 ; that on the said date he had gone to the Court to purchase the stamp paper ; that when he was passing in front of the Court a case was loudly called out by the peon of the Court which raised a suspicion in his mind ; that on December 2, 1978, on making inquiry it came to his knowledge that the ejectment order had been passed and that on coming the know of the same he filed an application for the setting aside of the order.
(3.) Notice of the application was given to the respondent who contested the claim of the petitioner. On the pleadings of the parties, the following issues were framed. "1. Whether there is a sufficient cause for setting aside the ex-parte order of ejectment against Harbhajan Singh 2. Whether the application for setting aside an ex-parte order is barred by limitation 3. Relief. The trial Court decided Issue No. 1 against the petitioner. Issue No. 2 was not decided as the same was not pressed. In view of the finding on Issue No. 1 the application was dismissed with costs.;