- (1.) Ramesh Kumar etc. - three sons and widow of Suraj Singh (defendant no. 4 -since deceased), as his legal representatives, have filed this revision petition under Article 227 of the Constitution of India impugning order dated 25.07.2011 (Annexure P-1), passed by learned Civil Judge (Junior Division), Rohtak, thereby dismissing application (Annexure P-2) filed by the petitioners for setting aside ex-parte proceedings ordered against defendant no. 4 Suraj Singh vide order dated 25.07.2009 (Annexure P-6) and for impleading the petitioners as legal representatives of defendant no. 4. The petitioners alleged that defendant no. 4 was not properly served and was, therefore, wrongly proceeded ex-parte. The petitioners, who are legal representatives of defendant no. 4, were not aware of the pendency of the suit and learnt about the suit only a week before filing application (Annexure P-2) dated 31.05.2011 from defendants no. 8 and 9.
(2.) The application was resisted by respondent no. 1-plaintiff by filing reply (Annexure P-3). Averments made in the application were controverted. Some other pleas were also raised.
(3.) Learned trial court, vide impugned order (Annexure P-1), dismissed the petitioners' application (Annexure P-2). Feeling aggrieved, petitioners have filed this revision petition.;