PARASARAMPURIA SYNTHETICS LIMITED Vs. SHANKAR PRASAD

JUDGEMENT

(1.) Appellant is contesting ex-parte decree dated 1.9.2000 passed in respondent's Suit No.2063/98. For this he had filed two applications IA Nos.3608-09/2001- one for condonation of delay and the other for setting aside of the ex-parte decree which stand rejected by the impugned order dated 9.11.2001. Hence this appeal.

(2.) The only issue involved is whether or not summons were validly served on appellant under Order 29 Rule 2 CPC. Ld. Single Judge has held that service of summons was valid but appellant disputes this.

(3.) Respondents filed Suit No.2603/1998 showing appellant's (defendant) address its corporate office in Haus Khas, Delhi instead of its registered office at Bhiwadi in Rajasthan. Summons were issued by the Joint Registrar on 5.10.1998 and were eventually served on some employee of appellant at the Hauz Khas corporate office on 17.3.1999. The Process Server submitted his report in this regard culminating in order dated 20.8.1999 taking ex-parte proceedings against appellant. This was followed by the ex-parte judgment and the decree on 1.9.2000 and the consequent execution by the execution Petition No.23/2001.