Laxmi Narain Mittal, J. - (1.) CM No. 5877.CII of 2012.
(2.) THE application is allowed and Annexures P/4 to P/6 are taken on record subject to all just exceptions without commenting anything on merits of the revision petition. CR No. 537 of 2010 Defendant no. 2 Rajinder Kaur has filed this revision petition under Article 227 of the Constitution of India assailing order dated 21.3.2006 passed by learned Additional Civil Judge (Senior Division), Ludhiana and judgment dated 23.9.2009 passed by learned Additional District Judge, Ludhiana thereby dismissing application of defendant no. 2 - petitioner for setting aside ex parte judgment and decree dated 21.8.2001 passed against her. Respondent no. 1 - plaintiff filed suit against M/s Dhaliwal Trading Agency as defendant no. 1 and against Rajinder Kaur (petitioner) her husband Avtar Singh, Kulwant Kaur and her husband Dalbir Singh as defendant no. 2 to 5 alleging that they were partners of defendant no. 1 - Firm. In the said suit, defendants no. 4 and 5 appeared for themselves as well as for defendant no. 1 whereas defendants no. 2 and 3 were proceeded against ex parte. The suit was decreed by the trial court vide judgment and decree dated 21.8.2001, Annexure P/2.
(3.) DEFENDANT no. 2 Rajinder Kaur filed application for setting aside aforesaid judgment and decree against her alleging that her husband Avtar Singh defendant no. 3 had died on 5.5.1999 i.e. even before the suit was filed on 18.1.2000 and thereupon the petitioner shifted to Canada in August, 1999 and she was never served in the suit.;