NEENA SONI Vs. RAKESH SONI

JUDGEMENT

(1.) This appeal is directed against the order dated 31.07.2003 of the Additional District Judge, Delhi in Misc.Case No. 19/2001/94 whereby the learned Judge has dismissed the application of the respondent herein under Order 9 Rule 13 CPC.

(2.) Brief facts of the case as noted by the Additional District Judge are as follows: -

(3.) Nobody appears for the respondent. It is contended by counsel for the appellant that appellant was never served with the summons and, therefore, could not have been proceeded ex parte. He submits that the appellant was a teacher by profession and had been attending her school on the days when the so-called summons are stated to have been served upon her.