LALIT DHARAMCHAND KAPUR Vs. SURESH KUMAR

JUDGEMENT

(1.) The petitioner challenges order dtd. 8/8/2019 passed by the learned Trial Court whereby the application of the petitioner under Order IX Rule 7 Code of Civil Procedure, 1908 seeking setting aside the exparte proceedings vide order dtd. 12/2/2018 and the request for taking the written statement on record was dismissed. By virtue of the impugned order, the application of the respondent under Order VIII Rule 1 Code of Civil Procedure, 1908 striking off the defence of the petitioner also was allowed. [ The proceeding has been conducted through Hybrid mode ]

(2.) Learned counsel for the petitioner submits that the parties are related to each other being maternal cousins, and the respondent was aware that the petitioner was residing in the United Kingdom for the last 45 to 50 years and therefore providing the address of Gurgaon and Amritsar for purpose of the service of the petitioner was only to mislead the Court and depriving him from defending the present suit.

(3.) Respondent No.1 in person Mr. Suresh Kumar Malhotra submits that the Trial Court has proceeded in accordance with law and despite being served and appearing through counsel Mr. Jayant Malik and seeking time to file the written statement, no such written statement was ever filed thereafter. The Trial Court has correctly examined the facts as obtained in the present case and therefore, this Court ought not to interfere in the impugned order.