SANJEEV AHUJA Vs. BANK OF INDIA

JUDGEMENT

(1.) Bank of India filed a suit for the recovery of Rs. 19,26,214.55 P. against the respondents, Ahuja Cotton Factory, Fazilka, a partnership concern and its partners. When the suit was at the stage of defendants' evidence, an application was filed by Sanjeev Ahuja, the present petitioner for setting aside ex parte proceedings taken against him. Sanjeev Ahuja was arrayed as defendant No. 5 in the suit. After contest, this application was dismissed on February 20, 1990, which order is under challenge in this revision petition.

(2.) The contention of Shri R.C. Setia, Advocate for the petitioner is that the petitioner was not duly served in the suit. He being a resident abroad, he was required to be served by a registered post and on coming to know of the pendency of the suit, he filed application for setting aside the ex parte proceedings against him. The trial Court noticed that other petitioners who are brothers of the present petitioner were served and they were hotly contesting the case. The partnership firm itself was also impleaded as a party which was duly represented. The petitioner, therefore, had the knowledge of the suit and filed the application in order to delay the passing of the decree in the money suit.

(3.) Notice of motion was issued in the Revision Petition as it was asserted that there was litigation pending between the brothers, who were partners in the partnership concern. The petitioner was, thus, called upon to file affidavit in this respect. It was on filing of the affidavit, notice of motion was issued. The Bank is now represented and contests.