VIKAS KUMAR Vs. PURSHOTAM VERMA

JUDGEMENT

(1.) C.M No.15023/2018 (Exemption)

(2.) The case of the appellant/defendant is that summons for judgment which were issued to the appellant/defendant have not been received by the wife of the appellant/defendant Smt. Gita as stated in the summons issued by the Court as also on the AD card of the registered cover in which summons were sent.

(3.) This Court notes that the appellant/defendant had already filed an application under Order XXXVII Rule 4 CPC after decree of the suit in terms of the impugned order dated 24.8.2017, and this application under Order XXXVII Rule 4 CPC was dismissed by the trial court in terms of its order dated 27.1.2018 observing that admittedly the name of the wife of the appellant/defendant is Smt. Gita and the signatures of the person who received the summons of the Court as also the registered cover containing the AD card is by one Smt. Gita, with the fact that address as given in the summons and Registered AD post is admittedly the address of the appellant/defendant. This order dated 27.1.2018 reads as under:-