IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.4154 of 2010 Date of Decision : 8.7.2010 Karan Singh ....Petitioner Versus Food Corporation of India and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Gaurav Mohunta, Advocate for the petitioner. ..... MAHESH GROVER, J. The petitioner is aggrieved by the order dated 9.9.2008 vide which his application under Order 9 Rule 13 CPC has been declined. An ex-parte decree having been passed against the petitioner resulted in the filing of said application in which the petitioner had pleaded that he was never served. The petitioner was one of the defendants in a suit for recovery filed by the respondent Food Corporation of India. One Bhup Singh, who was arrayed as defendant No.5, however, had contested the suit resulting in the passing of a decree. The petitioner contended that the ex-parte decree had been passed and he had no knowledge of the decree as he had never been served. He had placed on record the publication which had been resorted to during the course of proceedings in the civil suit to contend that his name did not appear therein and therefore it cannot C.R.No.4154 of 2010 -2- be said that he had been served. There could have been an element of justification in what the petitioner has contended. But surprisingly he failed to depose before the Court in support of his stand that he had taken, regarding his not being served in the proceeding in civil suit. The application under Order 9 Rule 13 CPC had also been filed belatedly. The petitioner had pleaded that he had attained the knowledge of the judgment and decree on 4.9.2004. This was also a fact which he had to depose and testify before this Court. Since the petitioner failed to substantiate his case by leading no evidence and also by not testifying before this Court, I am of the opinion that the impugned order which is attached as Annexure P-5 to the present petition does not suffer from any infirmity. Consequently, the petition is devoid of any merit and is dismissed. 8.7.2010 (MAHESH GROVER) JUDGE dss