AJIT RATNAKAR BAGWE Vs. PRIME BUILDERS

JUDGEMENT

(1.) The present Appeal impugns an Order dtd. 21/2/2018 by which the Appellant's Notice of Motion for setting aside the ex-parte decree dtd. 11/8/2009 passed in the captioned Suit came to be dismissed.

(2.) Before adverting to the rival contentions, it is useful to first set out a few facts which will give context to the challenge in the present Appeal.

(3.) It is useful at this stage to also note that the addresses of the newly impleaded Defendants to the Suit i.e., the Appellant and Respondent No. 1 and 2 were all shown as Ghatkopar in the cause title of the Plaint. It appears that thereafter, Respondent No. 2 and 3 were served with a copy of the Plaint. Insofar as the Appellant was concerned, two attempts to serve the Appellant at Dadar were made, however the packets were returned unclaimed. Subsequently, a copy of the Writ of Summons was sent by RPAD to Appellant at the Ghatkopar address which was returned with the remark "unclaimed".