PARSVNATH DEVELOPERS LIMITED Vs. VIKRAM KHOSLA

JUDGEMENT

(1.) This is a suit filed by the plaintiff, Parsvnath Developers Ltd. which is a company incorporated under the provisions of the Companies Act, 1956, against the sole defendant, Vikram Khosla for recovery of monies and possession, with the following prayers:

(2.) When this case came up for hearing for the first time on November 07, 2019 summons were issued to the defendant through all modes. On the second date of hearing, it was recorded that the service report was refused by one Pradeep, after which fresh summons were issued again. On the next date of hearing on March 02, 2020, the service report came back with the comments 'refusal by wife of defendant'. Thereafter the matter was placed before Court by the learned Joint Registrar. This Court vide order dated March 13, 2020 proceeded ex-parte against the defendant, in view of deemed service. The question which arises is whether the plaintiff should be directed to lead ex-parte evidence. The Plaint having been verified and is also supported with affidavit / Statement of Truth on behalf of the plaintiff, and the defendant having been proceeded ex-parte no purpose would be served if the plaintiff was directed to lead ex-parte evidence. A Coordinate bench of this Court in the case of Satya Infrastructure Ltd. and Ors. v. Satya Infra and Estates Pvt. Ltd., 2013 54 PTC 419 (Del), has held as under:

(3.) I have heard the counsel for the plaintiff in respect of the reliefs prayed. The case of the plaintiff in the plaint is the following: