GANPATRAJ K SANGHVI Vs. VISHAL UDYOG & ORS

JUDGEMENT

(1.) This Notice of Motion is to set aside an ex-parte decree that was passed on 1.4.2013. Order 37 Rule 4 of the Code of Civil Procedure 1908 reads as under :-

(2.) Therefore, we have to see whether the applicant has set out "special circumstances" to set aside the ex-parte decree.

(3.) The case of the applicant is that the writ of summons was not served upon him at all. In the cause title in the plaint the address of the defendants is shown as under :-