DINESH KUMAR Vs. JYOTI PRAKASH AND OTHERS

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution of India is directed against the order passed by the learned trial Court on 15.3.2016 whereby the applications filed by the respondents No. 1 and 4 under Order 9, Rule 4 Civil Procedure Code have been allowed and orders dated 19.3.2011 and 21.11.2012 whereby these respondents had been proceeded ex-parte has been ordered to be set aside. The facts in brief may be noticed thus.

(2.) The petitioner has filed suit for recovery against the respondents which is pending before the Learned trial Court. The respondents No. 1 and 4 were duly served and did not contest the suit for 4-5 years and it is only thereafter that they filed applications for setting aside ex-parte order, which applications as observed above has been ordered to be allowed by the Learned trial Court.

(3.) The grievance of the petitioner is that the application(s) filed by respondents No. 1 and 4 could not have been allowed as the same was based on falsehood. He has invited my attention to the application firstly filed by respondent No. 1 wherein it is averred that the respondent has been serving in the Indian Army for the last 3 years and remained posted in the most sensitive areas. In addition to that he also remained on deputation with VIPs and as such did not receive any notice from the Court and was proceeded ex-parte on 19.3.2011. He further invited my attention to the summons issued to respondent No. 1 which were in fact duly received by his wife and at the time the respondent No. 1 himself was available at home.