RAJIV GROVER Vs. UMESH KUMAR GOSWAMI

JUDGEMENT

(1.) THIS order shall dispose of two petitions, referred to above, filed by the plaintiff, petitioner herein, for setting aside the impugned orders dated 14.7.2014 (Annexure P -6 in CR No. 6518 of 2014 and Annexure P -7 in CR No. 6522 of 2014) as both these petitions are interlinked and interconnected with each other. However, for convenience and clarity, facts have been taken from CR No. 6518 of 2014.

(2.) A suit under Order XXXVII CPC is pending adjudication before a civil court at Gurgaon wherein an application for seeking leave to defend was granted to the defendant condoning delay vide order dated 14.7.2014. This order is under challenge in this revision petition.

(3.) AS per Order XXXVII CPC, a defendant who wants to contest the suit is to make an application seeking leave to defend within a stipulated period after his service. In the present case, concedingly, service was effected on the defendant on 23.12.2012 which was Sunday and the courts were closed from 24.12.2012 for winter vacations.