M.S.LIBERHAN,J - (1.) THIS revision petition is against the order of the Subordinate Judge declining to set aside ex-parte proceedings in a suit for recovery of Rs. 4,18,830.00.
(2.) THE plaintiff-respondent (hereinafter referred to as the respondent) filed a suit for recovery of Rs. 4,18,830/- against the defendants-petitioners (hereinafter referred to as the petitioners), who are residents of Madras, in the Court of Subordinate Judge Ist Class, Faridabad. Notices for appearance of the petitioners were issued by registered covers acknowledgement due as well as for personal service for May 20, 1985. The petitioners addressed a telegram to the Court on May 15, 1985 that on account of the illness of their aunt, they would not put in appearance on May 20, 1985. The trial Court proceeded ex-parte against the petitioners on May 20, 1985. The petitioners applied for setting aside of the ex-parte proceedings on August 2, 1985 inter alia contending that there was sufficient cause for their non-appearance on May 30, 1985 as their aunt was seriously ill and confined to hospital and according to their custom and rituals they are supposed to be near her, in particular where she was in coma. She died on April 2, 1986. No copy of the plaint was served on the petitioners along with the summons sent through registered post. No personal service was effected on them and they acquired knowledge of ex-parte proceedings on July 16, 1985. There was no due service effected on them in the eye of law; and this the ex-parte proceedings are liable to be set aside.
(3.) THE respondents controverted the pleas taken and defended the ex-parte proceedings.;