L.N.MITTAL, J. - (1.) DEFENDANT no. 1 Ramgiri by way of instant revision petition filed under Article 227 of the Constitution of India has challenged judgment dated 16.2.2008 passed by learned Additional Civil Judge (Senior Division), Rewari and judgment dated 13.5.2010 passed by learned Additional District Judge, Rewari.
(2.) RESPONDENT no. 1 Sharda filed suit against defendant no. 1 petitioner Ramgiri, Dinesh (since deceased and represented by proforma respondent no. 2) and Smt. Sheru alias Divya proforma respondent no. 3. The suit was filed in the year 1990. It was decreed vide ex parte judgment and decree dated 19.1.1998. All the three defendants filed application on 4.4.1998 for setting aside the ex parte judgment and decree alleging that they never received summons in the suit nor they ever refused to receive the summons. Defendants no. 2 and 3 were also minors in the year 1990 when the suit was instituted. It was pleaded that defendants learnt of the ex parte decree on 1.4.1998. Respondent no. 1 plaintiff controverted the averments of the defendants. It was pleaded that summons were issued to the defendants in the suit in ordinary course as well as by registered post but they did not receive the same knowingly. They were also served by publication in newspaper. Since they failed to appear despite service, they were rightly proceeded against ex parte in the suit.
(3.) LEARNED trial court vide impugned judgment dated 16.2.2008 dismissed the defendants' application. Appeal against the same preferred by defendants has been dismissed by learned Additional District Judge vide judgment dated 13.5.2010. Feeling aggrieved, defendant no. 1 has filed this revision petition to challenge the aforesaid judgments of both the courts below. I have heard learned counsel for the parties and perused the case file.;