- (1.) Instant civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 07.06.2011 (Annexure P-6) passed by learned Additional Civil Judge (Sr. Divn.), Pehowa whereby ex parte judgment and decree dated 19.07.2008 has been set aside.
(2.) Brief facts of the case are to the effect that the petitionerplaintiff filed a suit against the respondents-defendants and the same has been ex parte decided by the Court on 19.07.2008. Thereafter, respondent No.1 and respondent Nos.2 to 7 filed separate applications under Order 9 Rule 13 CPC for setting aside the ex parte judgment and decree dated 19.07.2008 on the ground that they were never served through any mode of process. No munadi or affixation was effected with regard to service of notice. If there was any kind of report on the file, the same was in collusion with the petitioner herein i.e. plaintiff and process-server. It was also averred that the respondents came to know about the ex parte judgment and decree only on the date when they received the summons in execution petition filed by the plaintiff. Upon notice, the petitioner resisted the application and filed reply taking various preliminary objections. On merits, it was pleaded that the summonses were duly issued to the respondents but they deliberately avoided the same. Thereafter, learned Addl. Civil Judge (Sr. Divn.), Pehowa ordered for service of the respondents through publication vide order dated 17.07.2003 and when they failed to appear before the Court, they were proceeded against ex parte.
(3.) On the basis of pleadings of parties, following issues were framed by the trial Court: "1. Whether the ex parte judgment and decree dated 19.07.2008 passed in Civil Suit No232/2002 is liable to be set aside on the grounds mentioned in the applications 2. Whether the applications are time barred OPR 3. Relief.";