BABU LAL Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) THE present appeal has been filed by the appellant-defendant under Order XLIII Rule 1 of CPC challenging the order dated 27.9.2008 passed by the Addl. District and Sessions Judge No.1, Deeg in Civil Misc. Application No.56 of 2007 filed by the appellant-defendant under Order IX Rule 13 of CPC, whereby the trial court has dismissed the said application.

(2.) THE present respondent-original plaintiff had filed the suit against the appellant-defendant seeking recovery of Rs.2.27,853/- before the trial court which suit came to be decreed ex-parte vide the judgment and order dated 25.3.2006. THE appellant having come to know about the said ex-parte decree submitted an application under Order IX Rule 13 of CPC for setting aside the said decree on the ground that he was not served with the summons. THE said application came to be rejected by the trial court vide the impugned order, against which, the present appeal has been filed.