LAWS(DLH)-2017-10-108

VINOD RANA Vs. SANJAY KUMAR SARAF

Decided On October 25, 2017
Vinod Rana Appellant
V/S
Sanjay Kumar Saraf Respondents

JUDGEMENT

(1.) This Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) impugns the order (dated 24th October, 2016 in CS DJ ADJ 15589/16 of the Court of Additional District Judge-04, (South-West) District, Dwarka Courts, New Delhi) granting unconditional leave to the respondent/defendant to defend the suit under Order XXXVII of the CPC filed by the petitioner / plaintiff.

(2.) The petition was entertained and notice thereof ordered to be issued and the proceedings before the Trial Court stayed.

(3.) On the last date of hearing i.e. 25th July, 2017, the report of service of notice ordered to be issued to the respondent / defendant was awaited; the counsel for the petitioner / plaintiff stated that though the respondent / defendant is appearing in the suit from which this petition arises but is avoiding service of notice of this petition; fresh notice was ordered to be issued to the respondent / defendant by all modes including dasti and through the Advocate for the respondent / defendant before the Suit Court as well as through the Advocate for the respondent / defendant in Section 138 Negotiable Instruments Act, 1881 proceedings also stated to be underway.