KIRAN SOOD Vs. HANSRAJ SINGH

JUDGEMENT

(1.) By this petition, the petitioner has assailed an order dated 20th October, 2009 of the trial Court whereby the trial Court allowed an application under Order 9 Rule 13 CPC as well as an application under Section 5 of the Limitation Act and set aside the ex parte decree passed against the respondents.

(2.) The respondents no.1 & 2 herein had contended that the respondents were not served of the summons of the suit in which decree was passed against them and they learnt about the passing of decree when a notice of High Court was served on them in respect of RFA No. 10/2007 for 12th March, 2007 and when directions were given for supply of complete paper-book to the defendants. On receiving complete paper-book by the defendant on 21st March, 2007 and after going through the paper book respondents learnt about this decree and then after inspection of the record, made application under Order 9 Rule 13 CPC along with an application under Section 5 of the Limitation Act.

(3.) The applications filed by the respondents were hotly contested by the petitioner and the trial Court framed following issues: