NEELAM RANI Vs. GAURAV MADAAN

JUDGEMENT

(1.) Challenge in the present revision petition is to the judgment dtd. 20/4/2021 passed by learned Addl. District Judge, thereby, affirming the order dtd. 13/2/2021 (Annexure P-12) passed by learned Civil Judge (Sr. Divn.), whereby, an application under Order 9 Rule 13 CPC, filed by the petitioner was dismissed. The background facts, having bearing on the controversy, in nutshell, are as follows:-

(2.) That, initially, respondent-plaintiff Gaurav Madaan had filed a suit for seeking recovery of Rs.4.00 lakh against Ms/ Shankar Lal Kashmiri Lal through its partner Chiranji Lal and he also impleaded three partners of the aforesaid firm as defendants No.2, 3 and 4. The present petitioner was impleaded as defendant No.3, in the aforesaid suit. However, the suit was only contested by respondent No.4 Kashmiri Lal, whereas, defendants No.1 to 3 (including present petitioner) were proceeded against ex-parte. Ultimately, the suit was decreed on 21/5/2019.

(3.) On coming to know about passing of the ex-parte judgment in the aforesaid suit, the petitioner-defendant No.3 filed an application under Order 9 Rule 13 CPC for setting aside the ex-parte judgment dtd. 21/5/2019 and ex-parte order dtd. 13/7/2018. However, the said application was dismissed vide order dtd. 13/2/2021 and lower Appellate Court, affirmed the said order vide impugned judgment dtd. 20/4/2021.