ALI HUSSAIN QAZILBASH, J.--This is an appeal from the judgment of the Lahore High Court, dated 8-3-1986.
2. Haji Mohammad Akram and another, appellants, on 14-1-1978, filed a suit against Syed Jalil Ahmad and others for specific performance of contract. The respondents were allegedly served but since none appeared, so on 14-6-1978 the learned Civil Judge, Gujrat, passed an ex parte decree. On coming to know of the ex parte decree, the respondents on 9-12-1979 submitted an application under Order IX rule 13 C.P.C. For its setting aside. This application was contested by the appellants. The learned trial Court framed three issues, one relating to the question whether the above application was within time, the second as to the existence of sufficient cause for setting aside the ex parte decree and the third for relief. After recording evidence of the parties, as to the first issue the learned trial Court came to the conclusion that no plausible explanation has been given for the condonation of delay in filing the application for setting aside the ex parte decree. As for the second issue it held that service was duly effected upon the respondents at the address given by them and thus dismissed their application on 19-7-1980. On appeal by the respondents, the learned High Court reversed the above findings through its impugned judgment.
3. We have heard the learned counsel for the parties and gone through the judgments of the two Courts and find that the decision arrived at by the High Court does not require any interference.
While examining the evidence of the parties, the trial Court itself came to the conclusion that the respondents did not reside at the place where the summonses were served. Once, therefore, it was so concluded, it would be wrong to hold that the respondents were properly served in the case.
Thus finding no force in the appeal, the same is dismissed with costs.