Research › Browse › Judgment

Supreme Court of India · body

2001 DIGILAW 332 (SC)

Jarnail Singh v. Mohinder Kaur

2001-02-09

N.SANTOSH HEGDE, V.N.KHARE

body2001
ORDER : 1. Leave granted. 2. The plaintiff - respondent filed a suit for possession. On 27.11.89, the suit was decreed as the defendant - appellant did not appear. On 5.10.91, the defendant - appellant moved an application for setting aside the ex-parte decree dated 27.11.89. In the said application, it was stated that the appellant had no knowledge of the notice alleged to have been published in the daily newspaper 'Ranjit' printed and published from Patiala. It was also stated that the said newspaper had no circulation in village Badheri, Chandigarh where the defendant - appellant resides. However, the trial Court rejected the said application. Thereafter the appellant preferred a miscellaneous appeal before the District Judge, Chandigarh, which was also dismissed. A revision filed before the High Court also met with the same fate. Aggrieved with the said order, the appellant has preferred this appeal. 3. We have heard counsel for the parties and perused the record. The High court was of the view that since the newspaper daily 'Ranjit' printed and published from Patiala is approved by the High Court for purposes of substituted service, the publication of notice in the said newspaper was sufficient service on the appellant. The case of the appellant was that daily newspaper 'Ranjit' has no circulation at all in village Badheri, Chandigarh. The High Court has not recorded any finding that daily newspaper 'Ranjit' published from Patiala has circulation in Chandigarh. In absence of such finding we are of the view that the appellant has no notice of the suit. The appellant has made out sufficient cause for setting aside the ex parte decree as well as the appellate and revisional orders. For the aforesaid reasons we set aside the judgment of the court's below. The trial Court is directed to proceed with the suit after giving opportunity to the appellant. The appeal is allowed. There shall be no order as to costs.