SURINDER GROVER Vs. ANIL KUMAR

JUDGEMENT

(1.) EXEMPTION as prayed is allowed, subject to just exceptions. Application stands disposed of. By way of this appeal, a challenge has been made to order dated 02. 05.2012 passed by learned ADJ, Delhi whereby while allowing application of the appellant under Order 9 Rule 13, a condition has been imposed directing the appellants to deposit the principal amount i.e. Rs.6,50,000/- in the form of FDR within one month from the date of impugned order in the name of court.

(2.) LEARNED counsel for appellant submits that the appellant had moved an application under Order 9 Rule 13 of CPC for setting aside the ex parte judgment and decree dated 18.09.2008 passed against him whereby the learned ADJ had decreed the suit of respondent/plaintiff for an amount of Rs.6,50,000/- and interest of 9% p.a. from the date of filing of the suit.

(3.) THERE is a categorical finding by the learned ADJ that the summons were duly served. The brother and mother of the appellant had refused to accept the summons and as such in law refusal of accepting summons by the adult member of the family can be treated as service of summons. It has also been noticed that he was also served by way of publication in newspaper. Keeping in view the material on record, it has been observed that the appellant/defendant was watching the proceedings and the same were very much in his knowledge and accordingly his application which is moved after 2 years and 11 months of passing of the ex parte judgment and decree has to be time barred. Despite the above observation, in order to give an opportunity to contest the matter on merits, the ex parte judgment/decree has been set aside by the ld. ADJ subject to deposit of the cheque amount i.e. Rs.