MAHALAXMI SALES CORPORATION THROUGH ITS PROPRIETOR, MR. RAM CHANDER Vs. SHRI SATISH KUMAR, PROPRIETOR, SAT NARAIN NAVEEEN KUMAR

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against order dated 16th May 2009 vide which Additional District Judge, Delhi dismissed appellant 's under Order IX Rule 13 read with Section 151 of Code of Civil Procedure (for short as "Code").

(2.) BRIEF facts are that, respondent filed a suit for recovery against appellant under Order XXXVII of the Code, in which leave to defend was granted. Respondent closed his evidence on 17th April 2008. On 23rd May 2008, matter was fixed for appellant 's evidence, but no witness of appellant was present and adjournment was prayed. Accordingly, matter was adjourned to 1st August 2008. On that day again, no witness of appellant was present nor any affidavit was filed. Adjournment was prayed on the ground that appellant is not well, the same was granted subject to cost of Rs.500/ - to be deposited with Delhi Legal Services Authority within 7 days.

(3.) ON 27th September, 2008 again none appeared for appellant. Final arguments were heard and matter was adjourned to 4th October, 2008 for Orders. On that date, suit of the respondent was decreed.