RULDOO RAM GUPTA Vs. ANIL SAPATIA

JUDGEMENT

(1.) THIS revision petition is directed against the orders dated 30.4.2002 passed by the learned Additional District Judge, Una (H.P.) in CMA (RBT) No. 39/2000/98 whereby he affirmed the orders dated 17.8.1998 passed by the learned trial Court in Civil Misc. Application No. 37 of 1990 for setting aside the ex parte, decree dated 6.2.1989 passed in Civil Suit No. 3 of 1988.

(2.) FACTS leading to the present petition may be stated thus. The respondent -plaintiff had filed a suit on 13.1.1988 for recovery of a sum of Rs. 71,604/ - against defendants firm M/s. Sat Kabir Khad Depot and M/s. Muni Lal Radha Krishan including their partners. The case of the respondent -plaintiff was that he had been manufacturing Zinc Sulphate at Mehatpur under name and style of his firm M/s. Spatia Chemicals -, being its sole proprietor. It was alleged that M/s. Sat Kabir Khad Depot placed an order No. SC/19 with the plaintiff on 10.1.1985 for the supply of 11 MT Zinc Sulphate which was to be sent, as per the instructions of defendant Radha Krishan (now dead), through M/s. Muni Lal Radha Krishan Grain market Khanna, a sister concern of defendant M/s. Sat Kabir Khad Depot. The supply was accordingly made and the goods were received by defendant No. 3 Ram Chand, Manager of M/s. Muni lal Radha Krishan (defendant No. 2). Price of the said goods were not paid despite repeated demands and requests, as such a notice was sent, when the amount was not paid the civil suit was filed claiming the principal amount alongwith interest @ of 18% per annum.

(3.) AN application was moved for setting aside the exparte decree by the petitioners -defendants under order 9 Rule 13 of the Code of Civil Procedure, contending that relatives of respondent in Khanna, District Ludhiana, made fraudulent suppression of summons alleged to have been sent by post, from the knowledge of the defendants and managed to procure false reports of the postal employee, regarding its refusal. It was also contended that the addresses given on the envelops were also not correct. There was no due service of summons upon them and they had come to know about passing of the exparte decree on 24.3.1999 and moved the application for setting aside the exparte decree. According to them, no procedure enjoined by the law for effecting service, was adhered to.