JOGINDER SINGH Vs. GORA LAL

JUDGEMENT

(1.) Vide order dated 22.3.1978 Sub-Judge, First Class, Dhuri decreed plaintiff-respondent Gora Lal's suit ex parte for the recovery of certain amount against the defendant petitioner Joginder Singh. Joginder Singh filed application on 18.7.1980 for the setting aside of the ex parte decree urging that 2 days earlier he had acquired knowledge about the decree through a chit left by the process server of Mansa with Mit Singh and Mukand Singh of village Moharsingh Wala. He originally belongs to village Kheri Chahalan but had shifted to village Moharsingh Wala and he had not received any information about the suit and the suit was based on a fictitious pronote and that Gora Lal had got the ex parte decree by playing fraud on the court.

(2.) On the pleadings of the parties, the following issues were framed:-

(3.) Sub Judge, First Class, Dhuri vide order dated 30.3.1981 declined to set aside the ex parte decree in view of his finding that Joginder Singh was aware about the pendency of the suit inasmuch as the postman had approached him with registered envelop which he refused to accept and when he was aware about the pendency of this suit, his application for setting aside ex parte decree on 18.7.1980 was barred by time.