Aman Dhingra and Another vs Varun Aggarwal and Others

S.P. Bangarh, J.—The petitioners are defendants Nos. 27 and 29 respectively before the trial court in Civil Suit No. RBT 559 of 17.7.1997. It is their grievance that they were neither served personally nor through registered post, even so, they were ordered to be proceeded against ex-parte vide order dated 20.11.2006. They moved an application under Order 9 Rule 7 CPC read with Section 151 CPC before the trial court, that was dismissed vide impugned order Annexure P-3. Aggrieved, there against, they have come up in this revision with prayer for acceptance, thereof, and for setting aside the impugned order. Learned counsel for the petitioners contends that the impugned order is bad in law, as the latter were never served personally or through registered post and therefore, the same may be set aside.

After hearing learned counsel for the petitioners, it is the considered opinion of the court that the learned trial court observed in para No. 7 of the impugned order that the postal receipts are on the record. It follows that the registered letters containing summons and copies of the plaint were duly delivered to the petitioners (defendants No. 27 and 29). Apart from that, the petitioners were served through publication in "Daily Tribune Chandigarh".

The trial court could order ex-parte proceedings against them even on the basis of their service through registered post. There is nothing on the record that the registered letters were received unserved in the trial court. It is made out that the acknowledgment due cards were not received back in the court, as either these were lost or mislaid or due to some other reasons were not received in the court. The period of 30 days had elapsed. It could be presumed by the trial court that the registered letters containing summons and copies of the plaint were duly delivered to the petitioners. Since they did not cause appearance, they were rightly ordered to be proceeded against ex-parte. Apart from that, they were served through publication in "Daily Tribune Chandigarh". So, there is no ground to set aside the ex-parte proceedings against the petitioners. However, they are permitted to join the proceedings from today onward.

With these observations, this revision petition is dismissed. Copy of the order be given to Ld. counsel for the petitioners under signatures of the Court Secretary of this Bench.