VINAY KUMAR GANDHI Vs. DAVINDER SINGH

JUDGEMENT

(1.) Application is allowed and Annexures R-1 and R-2 are taken on record.

(2.) Defendant-Vinay Kumar Gandhi has filed this revision petition under Article 227 of the Constitution of India impugning order dated 06.06.2012 passed by the trial Court, thereby dismissing application Annexure P-2 moved by the petitioner for additional evidence.

(3.) Suit filed by respondent/plaintiff-Davinder Singh against defendant-petitioner was decreed ex parte vide judgment and decree dated 17.12.2005. Defendant moved application dated 14.06.2006 (Annexure P-1) under Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure for setting aside the ex parte judgment and decree alleging inter alia that the defendant-petitioner was not served in the suit and he learnt of the ex parte decree on 12.06.2006 only when he received summon in execution proceedings. Thereupon he applied for inspection of the suit file through counsel on 13.06.2006 and the file was inspected and application (Annexure P-1) was moved.