SEWA SINGH Vs. PUNJAB STATE
LAWS(P&H)-2014-2-43
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 18,2014

SEWA SINGH Appellant
VERSUS
PUNJAB STATE Respondents

JUDGEMENT

MEHINDER SINGH SULLAR, J. - (1.) THE contour of the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, initially, petitioners -plaintiffs Sewa Singh & Harinder Singh ss/o Balbir Singh (for brevity "the plaintiffs") have instituted the civil suit (Annexure P1), for a decree of declaration to the effect that they, along with their brothers, are owners & in possession, with a consequential relief of permanent injunction, restraining respondents - defendants Punjab State, BDPO & ASI, Police Chowki, Ghanauli, District Rupnagar (for short "the defendants") from interfering into their possession over the property in dispute. Since no body appeared on behalf of defendants No.1 & 2, so, the exparte proceedings were ordered against them by the trial Court, vide order dated 26.4.2004 (Annexure P2).
(2.) SEQUELLY , the application (Annexure P3) was filed on behalf of defendant No.2 for setting aside the ex parte proceedings. As it was filed by some Sarpanch of Gram Panchayat (for brevity "the GP"), without any authority and not on behalf of defendant No.2 -BDPO, therefore, the application was held to be not maintainable and was dismissed as such by the trial Court, by virtue of order dated 20.9.2006 (Annexure P5). Ultimately, defendant No.2 filed the application (Annexure P9) for setting aside the ex parte order (Annexure P2). The plaintiffs refuted his prayer, filed the reply (Annexure P10), strongly denied all the allegations contained in the application and prayed for its dismissal. Taking into consideration the facts and entire material on record, the trial Court accepted the application (Annexure P9), set aside the ex parte proceedings and permitted defendant No.2 to contest the suit, by means of impugned order dated 10.10.2013 (Annexure P11).
(3.) AGGRIEVED thereby, the petitioners -plaintiffs have preferred the present petition, invoking the superintendence jurisdiction of this Court under Article 227 of the Constitution of India.;


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