JAYAPAALAN S. PILLAI Vs. DINESH SAMPATRAJ MEHTA

JUDGEMENT

(1.) This appeal under Order XLIII (1) (d) of the Code of Civil Procedure, 1908 ("CPC" for short), questions the legality and correctness of the order dtd. 16/9/2021, by which the learned Judge, City Civil Court, Mumbai in exercise of jurisdiction under Order IX Rule 13 of the CPC, declined to set aside the exparte decree dtd. 11/6/2018, passed in Short Cause Suit No.925 of 2015, against the appellant-defendant.

(2.) Question, that falls for consideration is whether suit summons, issued by the City Civil Court, Mumbai, sought to be served through speed post, on the defendant who was residing outside the jurisdiction of City Civil Court, was valid and proper service.

(3.) Facts : Plaintiff-respondent instituted Short Cause Suit No.925 of 2015 in March, 2015, in the City Civil Court at Bombay, to seek decree in the sum of Rs.59,76,058.83 towards consideration for goods sold by him to the defendant.