SWEETY GUPTA Vs. NEETY GUPTA & ORS

JUDGEMENT

(1.) Sweety Gupta, appellant/defendant No.4 has put up a challenge to the order dated 28.01.2016 passed in IA No.19352/2011 in CS(OS) No.2209/2008 whereby the application preferred by her for setting aside the ex-parte preliminary decree dated 27.09.2011 passed by a learned single Judge of this Court directing that the plaintiff/respondent No.1 and defendant Nos.1 to 4, all of whom are own sisters, would be entitled to 1/5th share in the suit property bearing Nos.B-7, 80/2, Safdarjung Enclave, New Delhi-110029 and B-9, Rohit Kunj, Pitampura (Rohtas Cooperative House Building Society, Delhi), has been rejected.

(2.) The singular issue which arises for determination in the present case is whether the appellant who was defendant No.4 in the main suit had been served with the summons of the suit and whether ex-parte proceeding against her is justified.

(3.) Before we proceed to examine the facts of this case, we deem it expedient to notice the relevant provisions of law regarding appearance of parties in a suit and consequences of non appearance as well as rescinding of an ex-parte judgment along with the provisions of the Code of Civil Procedure which deal with the service of summons.