HEMANT JAIN Vs. SIDHARTH JAJU& ORS

JUDGEMENT

(1.) Challenge by means of this petition under Article 227 of the Constitution of India is to the impugned order of the trial court dated 26.8.2014 by which the trial court allowed the application under Order IX Rule 13 of Code of Civil Procedure, 1908 (CPC) filed by the defendant nos. 1 & 2 and set aside the ex parte judgment and decree dated 09.5.2013 passed against them.

(2.) The ex parte judgment and decree dated 09.5.2013 is with respect to the suit for declaration and injunction in which reliefs prayed were as under:-

(3.) Clearly important reliefs were sought in the suit/plaint and which pertained to as many as 546 motion pictures. Therefore, once rights are created in such important reliefs by an ex parte judgment and decree of the suit, it was necessary that the petitioner/plaintiff should have served the defendant nos. 1 and 2.