VAISHNAVI BUILDING SOLUTIONS PVT. LTD. Vs. SHAIN KUMAR

JUDGEMENT

(1.) This application is filed by the defendant under Order 9 Rule 13 CPC seeking recall/setting aside the judgment dated 15.11.2018.

(2.) It is pleaded in the application that the defendant was served with summons of the present proceedings in July, 2018. However, the defendant could not file the written statement due to his ill health. It is further stated that the defendant is suffering from dementia (a mental disorder) for long because of which he tends to forget things. The defendant could not pursue the captioned suit due to this reason as he forgot to remember the date of hearing before this court. He also forgot to share information with regard to the captioned suit to his family members and failed to file his written statement.

(3.) Learned counsel for the applicant/defendant has also stated that the applicant was working as Sub Staff at Kendriya Vidyalaya, Airforce Station, Gurgaon and that he had sought voluntary retirement on account of his illness.