RACHNA METAL INDUSTRIES PVT LTD Vs. SURVI PROJECTS

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE appellant is aggrieved by the fact that appellant's application under Order 9 Rule 13 CPC has been dismissed vide impugned order dated 21. 5. 2004

(3.) FACTS relevant for determination in the instant appeal are that the respondent filed a suit for recovery against the appellant on the Original Side of the Delhi High Court for the reason when suit was filed pecuniary jurisdiction relatable to the claim was of the Delhi High Court. Impleaded as a defendant, appellant was duly served with summons in the suit. A written statement was filed. Issues were struck. 19. 2. 2003 was the date notified for plaintiff's evidence. On said date, none appeared for the appellant in spite of the fact that the matter was called out twice. The appellant was accordingly proceeded against ex-parte with a direction to the plaintiff to lead evidence by affidavit. The matter was adjourned to 19. 5. 2003. On said date Presiding officer was on leave. The Reader attached to the Court adjourned the matter to 19. 8. 2003.