highly improbable the applicant was not in the knowledge

• Order 9 Rule 13 CPC Application for setting aside the ex parte judgment and decree - The plaintiff had instituted the suit not only against the petitioner-defendant but many other defendants including defendant no.2. The suit was contested through its President. The alleged acquisition of knowledge from 'B' was falsified as no such date of meeting with 'B' had been disclosed. The limitation to file the application is 30 days from the date of passing of ex parte judgment and decree or acquisition of knowledge. The application concededly was filed after 02 years of the judgment and decree. One of the other defendants who was also proceeded against ex parte had also filed an appeal against the ex parte judgment and decree but the same was dismissed by the Lower Appellate Court. The stand of the petitioner-defendant could not have been rebutted, but better than what 'B' could have, thus, it is highly improbable the applicant was not in the knowledge of the ex parte judgment and decree. It is an attempt to overcome the decision rendered by the Lower Appellate Court in the appeal preferred by 'B' - There is no illegality and perversity in the impugned orders - Revision Petition stands dismissed

MANOHAR vs DOGAR CR 6234/16 27/11/18 [ Mr. Amit JJ ]

[ PUNJAB HARYANA HIGH COURT ]