The petitioner was impleaded as a legal representative of her deceased husband and despite publication in a newspaper did not put in appearance before the trial Court. The trial court, therefore, passed an ex-parte judgement and decree dated 07.02.1994. The notice in the newspapers, may not have come to her notice but the petitioner's allegation that she had no knowledge of the suit, the ex-parte judgment and decree or the pendency of execution proceedings is falsified by the report of baillif, who personally effected service on the petitioner, on 11.12.1977. The process server appeared in the witness box and deposed that he was entrusted with the summons by the Nazir, vide endorsement. no.2323. He visited Punjab Agriculture University on 11.12.1997 and approached the Head of the Department of Home Science, where the petitioner was working. He was informed that the petitioner was on leave but could be contacted at her residence. The summons were stamped and signed by Professor Manjit Kaur, the Head of Department. The process server further deposed that thereafter he visited the petitioner's house. The petitioner came out of her house and before serving a copy of the summons, he inquired about her name and on being satisfied about her identity thereafter served a copy of the summons. The petitioner signed the summons in his presence. Though, in his cross examination, he admitted that he did not know Usha Rani personally, he had no reason to make a false report or depose falsely. The deposition of this witness remains unrebutted.
