R T PARAMHANS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution seeks quashing of order dated 07.04.2011 of the ADJ-03, South District, Saket District Courts, Delhi passed in the application of the petitioner under Order 9 Rule 13 CPC.

(2.) THE respondent had filed a suit of recovery against the petitioner under Order 37 CPC. In the said suit, summons were issued in the prescribed form. On receipt of report of refusal, the suit was decreed against the petitioner on 22.03.2010. THE respondent filed an application under Order 9 Rule13 CPC for setting aside ex-parte decree. THE said application was, however, treated as one under Order 37 Rule 4 CPC by the ADJ observing that Order 37 was a Code in itself and provisions of Order 9 Rule 13 CPC, were not applicable to suits instituted under this Order 37 CPC.

(3.) THE impugned order is assailed disputing the tender of summons by ordinary and registered post as also the refusal by the petitioner or his wife. It was also assailed that the learned ADJ has erred in not recording any finding as regard to his pleas taken in the application under Order 9 Rule 13 CPC and has dismissed the application only on the ground of barred by limitation.