JAGDISH POONIA Vs. ARUN AND ORS.

JUDGEMENT

(1.) The present revision petition is directed against the orders dtd. 7/4/2010 and 5/2/2015, whereby the application dtd. 20/11/2003, under Order 9 Rule 13 of the Code of Civil Procedure, for setting aside the ex parte order, judgment and decree dtd. 30/4/2002 and 23/7/2003, has been dismissed.

(2.) The plaintiff-Bhagirath (deceased through LRs), instituted a suit by arraying the petitioner Jagdish Poonia son of Shiv Lal Punia, by giving the address as House No.408 Sector 40, near New National Law College, Gurgaon, Tehsil and District Gurgaon, claiming following relief:-

(3.) Summons of defendant No.1 received back with a report that he refused to accept the summons. The report is supported by 1 witness. Therefore, the service is complete. The case called several times since morning. But none has turned up to appear on behalf of defendant No.1. It is already 3.15 pm. No further wait seems to be justified. Therefore, defendant No.1 is hereby proceeded ex parte. Adjournment request by Ld. counsel for the defendant No.2 for filing of written statement and reply.