MAHESH SINGH Vs. VINOD KUMAR JOSHI

JUDGEMENT

(1.) By means of this petition under Article 227 of the Constitution of India, petitioner has challenged the order dtd. 7/11/2023, passed by 1st Additional District Judge, Kashipur, District U.S. Nagar in Misc. Civil Appeal No.01 of 2023 and order dtd. 28/5/2022, passed by Civil Judge (Senior Division), Kashipur, District Udham Singh Nagar in Civil Misc. No.10 of 2018, whereby the application under Order 9 Rule 13 of CPC filed by the petitioner, was rejected and subsequently, affirmed by the appellate court vide its order dtd. 7/11/2023.

(2.) Heard learned counsel for the parties.

(3.) The facts of the case are that a Civil Suit No.77 of 2014 was filed by the respondent-plaintiff in the court of Civil Judge (Senior Division), Kashipur, U.S. Nagar, which was proceeded ex-parte and subsequently decreed by judgment and decree dtd. 4/8/2015. Petitioner-defendant has challenged the said ex-parte decree dtd. 4/8/2015 by filing an application under Order 9 Rule 13 of CPC stating therein that the petitioner-defendant has no knowledge of the aforesaid suit and the summons were not properly served upon him. Thereafter, petitioner filed the application under Order 9 Rule 13 of the CPC for setting aside the aforesaid ex-parte judgment and decree dtd. 4/8/2015. The learned Civil Judge, (Senior Division), Kashipur, District U.S. Nagar rejected the said application vide judgment and order dtd. 28/5/2022 and the Civil Misc. No.10 of 2018, Mahesh Singh vs. Vinod Kumar Joshi was rejected.