BISHAN SWARUP Vs. CANARA BANK

JUDGEMENT

(1.) This revision petition is directed against the order of the trial Court dated September 15, 1987, whereby an application filed on behalf of defendant No. 2, Bishan Swarup, for setting aside the ex-parte proceedings was dismissed.

(2.) The Canara Bank filed the suit on February 5, 1981 for the recovery of Rs. 3,47,230.65 against M/s Sriram Jiwan Sham Lal and others. The said firm consists of defendant No. 2 Bishan Swarup and defendant No. 3 Sriram Jiwan. The suit was being contested by defendant No. 1. During the pendency of the suit in the year 1987, defendant No. 2, moved an application for setting aside the ex-parte proceedings against him as according to him, he was never served, nor he had received any summons and that he had never refused to accept the service. That application was contested on behalf of the plaintiff inter alia on the ground that the same had been filed with a mala fide intention to cause delay in the proceedings. The other partners and the relatives of the applicant had already appeared in the Court. Shiv Kumar had been watching the proceedings of the Court from outside and intentionally had not been putting in his appearance in the Court. The trial Court after framing the issues and allowing the parties to lead evidence came to the conclusion that there was no sufficient ground to set aside the ex parte proceedings qua defendant No. 2 and consequently dismissed the application vide impugned order dated September 15, 1987.

(3.) The learned counsel for the petitioner submitted that since there was no valid service on the defendant-petitioner, the ex parte proceedings against him should have been set aside.