GHYANESWAR BHATI Vs. SURESH DHARIWAL

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been preferred claiming the following reliefs:

(2.) As per the pleaded facts, the respondent-plaintiff filed a suit, before the learned District Judge, Jodhpur Metropolitan, under Order 37 Rule 2 of the Code of Civil Procedure (CPC) for recovery of a sum of Rs.30,69,918.00. The learned Trial Court issued summons on 17/8/2022 to the petitioner-defendant for his appearance before the Court.

(3.) Learned counsel for petitioner-defendant submitted that the summons order was not received by the petitioner-defendant, instead the same was received by his daughter on 1/9/2022. Learned counsel gave further reasons for non-appearance of the petitioner-defendant before the learned trial court; firstly, that the petitioner-defendant was out of station during that period in connection with his business and; secondly, he was busy in taking care of his 80 years old mother, who was in poor health, which was the main reason for the delay in appearance.