RAJ BALA Vs. KRISHNA KAUL

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution impugns order dated 12th August 2011 of Additional District Judge -02, Saket District Courts, whereby applications of the respondent, who was defendant in the suit, under Order 9 Rule 13 CPC and Section 5 of Limitation Act, were allowed.

(2.) THE petitioner had filed a suit for permanent injunction and specific performance against the respondent/defendant on 27th March 2009. Respondent having failed to appear to contest the suit, he was proceeded ex -pare and consequently ex -parte judgment and decree was passed against him on 09.11.2009. The respondent/defendant filed the instant applications for setting aside ex -parte judgment and decree and also for condonation of delay in filing the application. The said applications were allowed by the learned ADJ vide the impugned order dated 12th August 2011. This order is challenged in the instant petition by the petitioner/ plaintiff.

(3.) ON the other hand the contentions of the learned counsel for the respondent are that the petitioner had played fraud on the respondent as also on the Court in not only filing false and frivolous suit against the respondent, but also in manipulating ex parte judgment and decree against him. It was submitted that no proper service was effected upon the respondent/defendant in terms of the law as also as per the directions given by the Court. It was submitted that no notice was got issued by registered post and the report of ordinary process as also service by way of publication, were manipulated. It was also submitted that the suit filed was frivolous and deceptive inasmuch as the petitioner had already settled the matter with the respondent/defendant by taking the refund of the advance money vide written agreement dated 13.01.2008.