SATISH NATWARLAL MEHTA Vs. SHAILESH GHANSHYAMBHAI SHAH

JUDGEMENT

(1.) THE petitioner plaintiff has filed this revision application under section 115 of the Code of Civil Procedure, 1908 and challenged the judgment dated 31. 3. 2004 passed by the learned City Civil Judge, Ahmedabad in Restoration Application No. 172 of 2003 setting aside the decree passed in Civil Suit No. 1444 of 2002 and directing the respondent defendant to file written statement in the suit and after filing of the written statement, placing the suit for final hearing.

(2.) THE petitioner filed summary civil suit to recover the outstanding amount and the same was registered as Summary Civil Suit No. 1444 of 2002. Thereafter, the petitioner plaintiff filed application Exh-7 for ex parte decree contending that the summons is served to the respondent defendant on 2. 7. 2002, but the respondent has neither appeared in person nor through his advocate in the Court and has not filed any written statement and therefore, decree as prayed for be passed against the respondent defendant. The learned Chamber Judge of City Civil Court, Ahmedabad by order dated 3. 1. 2003 decreed the suit. Thereafter, the respondent defendant filed restoration application No. 172 of 2003 in the City Civil Court contending that the summons was not duly served to him and therefore, the judgment and decree passed against him be set aside.

(3.) THE petitioner plaintiff contested the application by filing a reply to the application. After hearing the learned advocates for the parties, the learned City Civil Judge allowed the application, set aside the judgment and decree and directed the defendant to file written statement and on filing of the written statement, directed to place the suit for final hearing. Being aggrieved by the said decision, the petitioner plaintiff has preferred this revision application.