MOTI PACKAGING INDUSTRIES PVT. LTD. Vs. MANISH ANAND

JUDGEMENT

(1.) Appellant impugns order dtd. 10/11/2020 whereby the application of the appellant under Order 9 Rule 13 CPC has been dismissed.

(2.) Respondent had filed the subject Suit for Recovery of a sum of Rs.52,77,177.37. On 5/8/2016, trial court noticed that the summons had been refused by the appellant on 16/7/2016 and accordingly the Court deemed the appellant to be served and adjourned the Suit to 30/9/2016 for filing of written statement and further proceedings. On 30/9/2016, since none appeared for the appellant, appellant was proceeded exparte.

(3.) Subsequently, an exparte judgment was passed on 31/3/2017. Subject application was filed by respondent seeking setting aside of the exparte decree. Said application was dismissed by the impugned order dtd. 10/11/2020.