Civil Revision No.4739 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No.4739 of 2011(O&M) Date of Decision: August 11, 2011 Mohan Lal and another .....Petitioners v. The Hrijan Cooperative Society Ltd. Rani Majra and others .....Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Agam Jund Mullanpur, Advocate for the petitioners. ..... RAM CHAND GUPTA, J.(Oral) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 27.4.2011 passed by learned Civil Judge, Junior Division, Dera Bassi, vide which application filed by petitioners-plaintiffs for recalling of order dated 4.1.2011 vide which suit filed by them qua defendants no.2 and 3 was dismissed in default as registered cover was not filed by petitioners-plaintiffs for effecting service upon them, despite sufficient opportunities. I have heard learned counsel for the petitioners and have gone through the whole record carefully including the impugned order passed by learned trial Court. Perusal of various zimni orders passed by learned trial Court shows that sufficient opportunities were given by learned trial Court to present petitioners-plaintiffs to file registered cover for effecting service upon respondents-defendants no.2 and 3 and, however, the order was not complied with. It was on 5th date of hearing when order dated 4.1.2011 was Civil Revision No.4739 of 2011(O&M) -2- passed by learned trial Court dismissing the suit filed by present petitioners- plaintiffs in default qua respondents-defendants no.2 and 3. Hence, in view of the aforementioned facts, it cannot be said that any illegality or material irregularity has been committed by learned trial Court in passing the impugned order. However, it has been stated by learned counsel for the petitioners-plaintiffs that they are ready to get the service effected upon respondents-defendants no.2 and 3 by filing registered cover as well as by taking summons dasti and that only one opportunity may be granted to them for this purpose. Hence, in view of the statement of learned counsel for the petitioners-plaintiffs, and in the interest of justice, impugned order passed by learned trial Court is modified to the extent that learned trial Court is directed to grant one opportunity to petitioners-plaintiffs to deposit registered cover for service of respondents-defendants no.2 and 3 and to take dasti summons for getting the service effected at their own responsibility. It is made clear that it would be the responsibility of the present petitioners to get service upon respondents-defendants no.2 and 3 effected and no further opportunity for this purpose shall be granted. However, petitioners-plaintiffs are burdened with cost of `10,000/- to be deposited with District Legal Service Authority, Mohali, which would be a condition precedent. Disposed of accordingly. 11.8.2011 (Ram Chand Gupta) meenu Judge