The Revision Application filed thereagainst by the first respondent herein was allowed by the High Court.
An appeal was preferred thereagainst.
Summons of the suit were served upon the first respondent.
It was furthermore numbericed that the first respondent herein, while examining himself in the said proceedings under Order IX Rule 13 of the Code of Civil Procedure in his cross examination, admitted that one and a half year prior to filing of the said application, he and his brother approached Dharam Singh for getting the judgment and decree set aside but he negated their plea.
Order V Rule 19A of the Code of Civil Procedure, which, according to the High Court, companyld have been taken recourse to, had also number been resorted to.
Allegedly, the first respondent having companye to know about passing of the said ex parte decree on 03.02.1997, filed an application on 07.02.1997 for setting aside the same, in terms of Order IX Rule 13 of the Code of Civil Procedure.
Adverse companyments were also made by the High Court in regard to the application for mutation filed by the appellant only after 10 years, i.e., in the year 1996.
The learned Trial Judge, by reason of an order dated 28.07.2000, dismissed the said application, inter alia, holding that summons had been duly served upon the first respondent.
Arising out of SLP C No.9325 of 2005 B. Sinha, J. Leave granted.
He did number appear.
An ex parte decree was passed against him on 19.2.1986.
The High Court in the impugned judgment opined that the appellant had played fraud on the Court as neither the summons were properly served, number the publication was made in the newspapers.
An application for mutation on the basis thereof was filed which was allowed on 07.03.1996.
Appellant is before us being aggrieved by and dissatisfied with a judgment and order dated 14.2.2005 passed by the High Court of Punjab and Haryana in Civil Revision Petition No.5999 of 2003 whereby and whereunder the Revision Application filed by the first respondent herein was allowed.
Appellant filed a civil suit on or about 6.4.1985.
