- (1.) Balbir Singh-defendant No.1 and legal representatives of defendant No.2-Udai Bir Singh have filed this revision petition under Article 227 of the Constitution of India assailing judgment dated 17.10.2008 (Annexure P-4) passed by learned Civil Judge (Senior Division), Gurgaon and judgment dated 26.09.2009 (Annexure P-5) passed by learned Additional District Judge, Gurgaon thereby dismissing application moved by defendants No.1 and 2 both sons of Bhagwan Singh, under Order 9 Rule 13 of the Code of Civil Procedure (in short, CPC) for setting aside ex parte judgment and decree dated 17.01.1992 passed in Civil Suit instituted by respondent No.1- plaintiff Mohan Lal against petitioner No.1, predecessor of petitioners No.2 to 5 and against respondents No.2 to 9 herein.
(2.) Defendants No.1 and 2 in their application alleged that they were never served in the suit. Service by munadi was not proper service. There was no sufficient ground for ordering substituted service. Averments were also made that some other defendants were also not served properly.
(3.) Respondent No.1-plaintiff resisted the application and denied the allegations of defendants No.1 and 2-applicants. It was alleged that defendants No.1 and 2 as also other defendants were duly served in the suit. It was also pleaded that pursuant to ex parte decree, mutation No.1964 was also sanctioned on 23.04.1992 in favour of plaintiff by revenue officer qua the rasta in suit at the spot in the presence of Lambardar and in the presence of defendants and other respectables. Tatima field book was also prepared accordingly and separate khewat was carved out for plaintiff's land and girdawari entry was also made at the spot. Application was also alleged to be time barred. Various other pleas were also raised.;