BALDEV RAJ ARORA Vs. MODEX INTERNATIONAL SECURITIES LTD

JUDGEMENT

(1.) THIS appeal has been filed against order dated 3rd October, 2008, passed by Additional District Judge, Delhi, vide which application under Order 9 rule 13 of Code of Civil Procedure (for short as "Code ") filed by the appellant, was dismissed.

(2.) BRIEF facts of this case are that, respondent filed a suit for recovery of Rs. 5,04,817.45.00 along with pendente lite and future interest against appellant. Initially appellant put in its appearance in the trial court on 29th November, 2004. Thereafter, on 3rd January, 2005, he absented and as such was proceeded ex parte. Appellant then filed an application under Order 9 Rule 7 of the Code, which was allowed subject to payment of costs. Appellant again absented and vide order dated 20th September, 2006, he was proceeded ex parte. Trial court decreed the suit, vide judgment dated 28th September, 2006.

(3.) HOWEVER , respondent committed serious betrayal and defrauded the appellant and in contrary to their commitments, pressed the court for ex parte proceeding. Appellant was prevented by sufficient cause from appearing in Court and therefore could not attend the proceedings on the crucial stages. There are special and reasonable circumstances in the matter, which entitle the appellant for setting aside the decree passed in this case.