UJJWAL KESARI Vs. KRISHNA GUPTA

JUDGEMENT

(1.) This petition is directed against an order dated 25-2-2010 by III Additional District Judge (Fast Track Court), Shahdol in Case No. 1/2010 by which the trial Court rejected the application under Order 9, Rule 7, Civil Procedure Code.

(2.) It is submitted by the petitioner that the trial Court erred in rejecting the application filed by the petitioner on the ground that there was implied refusal of the summons on behalf of the petitioner and the petitioner ought to have moved an application within a period of 30 days from the date when the ex parte order was passed. It is further submitted by the petitioner that no summons was served on the petitioner and on getting knowledge of the ex parte order, he moved an application on 25-2-2010, but the trial Court erred in rejecting the application.

(3.) Learned counsel appearing for the respondent/election petitioner supported the order who submitted that on 8-2-2010, process-server offered summons to the petitioner, but the petitioner on the pretext that he was busy in some meeting avoided service and asked process-server to come on next day. On next day, when process-server visited the house of the petitioner, he was not available as he had gone to Shahdol. As no other adult member was found in the house, the process-server returned the summons. The election Tribunal considering these aspects in order dated 15-2-2010 directed that the petitioner be proceeded ex parte.