ADONIS INDIA Vs. ASHU ELECTRONICS & REFRIGERATION

JUDGEMENT

(1.) IA Nos. 6012 and 6014 of 2009 in CS(OS) No. 1043 of 1999 1. IA No. 6012 of 2009 is an application under Order 9 Rule 13 CPC on behalf of the Defendant seeking the setting aside of the ex parte judgment and decree dated 24th October 2002 passed by this Court in Suit No. CS (OS) 1043 of 2009.

(2.) THE application has been accompanied by an IA No.6014 of 2009 under Section 5 of the Limitation Act seeking condonation of delay in filing the application under Order 9 Rule 13 CPC.

(3.) I .A. No. 6012 of 2009 under Order 9 Rule 13 CPC was filed by the Defendant on 21st April 2009. The explanation offered in I.A. No 6014 of 2009, being an application seeking condonation of the delay in filing 6012 of 2009, is that the Court file was inspected on 30th March 2009 and there was nothing to suggest that the envelope containing the plaint and documents along with the process fee was filed by the Plaintiff for effecting service of summons pursuant to the order dated 14th May 1999 and that such envelope with summons was dispatched to the Defendant by registered post at the correct address. There was no evidence that service had been effected by the postal authorities or whether the postal envelope had come back unserved. The file showed that a process server attached to the District Court at Ghaziabad had made an endorsement on the summons that he had visited the premises of the Defendant in Ghaziabad and that the summons were served on the Defendant. It is submitted that there was no order passed by the Court directing service of summons through the process serving agency of Ghaziabad. It is submitted that the said service was no service in the eye of law and therefore the ex parte judgment and the consequent decree is liable to be set aside. The Defendant in any event denies having received that summons.