S S ENTERPRISES Vs. ALICON CASTALLOY LIMITED

JUDGEMENT

(1.) Petitioner has assailed the order dated 04.05.2018 passed by the Civil Judge (Jr. Divn.) Gurugram, whereby the application filed by the defendant/petitioner under Order 9 Rule 13 CPC for setting aside the ex parte order dated 01.04.2016 was dismissed.

(2.) Defendant/Petitioner was proceeded against ex parte vide order dated 01.04.2016. An application was filed on 30.09.2016 under Order 9 Rule 7 read with Section 151 CPC for setting aside the ex parte order dated 01.04.2016. The delay was claimed to be attributable to the counsel, who kept on misinforming the defendant.

(3.) Reply to the application was filed by the plaintiff/respondent on 17.02017. Petitioner/defendant was again proceeded against ex parte on 04.08.2017, when the defendant or his counsel did not appear at the time of consideration of application under Order 9 Rule 7 CPC. The application under Order 9 Rule 13 CPC came to be filed on 17.11.2017 for setting aside ex parte order dated 01.04.2016. Evidently, the order dated 04.08.2017 was not assailed.