ABDUL SHUKOOR Vs. SAMAD PASHA

JUDGEMENT

(1.) Whether an application under Order IX Rule 7 of CPC could be filed after the suit is posted for judgment is the short question that arises for consideration in this petition filed under Articles 226 and 227 of the Constitution of India.

(2.) The outline facts leading to the petition are as follows:

(3.) Respondent No. 1/plaintiff opposed the petition inter alia contending that the statement made in the affidavit that the summons were not served on him was false. According to the plaintiff summons were duly served on defendant No. 1/petitioner as noted in the order sheet. Further he contended that the petitioner participated in the earlier suit namely, O.S. No. 53/2015 and the learned senior Civil Judge had directed both the parties to the suit to appear before the jurisdictional Court on 16.03.2016. The act of the petitioner in keeping himself away from the Court until the conclusion of the trial and seeking intervention in the matter only when the matter was set down for judgment, is legally impermissible and thus sought to dismiss the petition.