SWASTIKA TEXTILES AGENCY Vs. TILAK RAJ

JUDGEMENT

(1.) THIS revision petition seeks to challenge the judgment dated 9.1.1984 passed by the District Judge, Amritsar, dismissing the appeal against the order dated 13.9.1983 passed by the Sub Judge Ist Class, Amritsar, refusing to set aside an ex parte decree passed against the petitioner.

(2.) THE facts giving rise to the filing of the present revision petition are that a suit for recovery of a sum of Rs. 6500/- was filed against the petitioner. On 11.4.1980, the same was decreed by the Sub Judge Ist Class, Amritsar, and on 15.11.1980 an application was moved under Order 9 Rule 13, CPC assailing the judgment and decree on the grounds that the petitioner was never served and that the Courts at Amritsar had no territorial jurisdiction to try the case. It was also submitted that the plaintiff had no locus standi to file the suit and the decree had been obtained by fraud. The firm, it was stated, had come to know about the decree dated 11.4.1980 on 1.10.1980 and after obtaining copies of the decree, filed the application for setting aside the ex parte decree on 15.11.1980.

(3.) THE appeal before the lower appellate Court also met with the same fate. Hence the revision petition. Since Sh. M. S. Liberhan, counsel for the petitioner had been elevated, I had directed that actual date notices be issued to the petitioner and in spite of this having been done, no one has appeared for the petitioner in Court to pursue the matter.