LAXMAN RAM Vs. BABLI

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that the respondent (plaintiff) filed a civil suit, before the Court of Senior Civil Judge, Pali, against the petitioners (defendants) for recovery of a sum of Rs.2,09,000.00; whereupon, the learned Court below issued the summons, and thereafter, since no one appeared on behalf of the present petitioners (defendants) despite service, therefore, the learned Court below vide judgment and decree dtd. 12/3/2019 decreed the said suit, ex parte, against the present petitioners (defendants).

(3.) Learned counsel for the petitioners submitted that the aforementioned suit was registered on 8/8/2018, and on that date, ordered issuance of summons for 10/9/2018; despite the fact that no proper service of summons was effected upon the petitioners (defendants), the learned Court below on 10/9/2018, drew an order-sheet to the effect that the summons have been received unserved, and directed the respondent (plaintiff) to file fresh PF and summons, while fixing the next date as 15/10/2018; therefore, as per learned counsel, the learned Court below did not properly examine the material available on record before it, while decreeing the suit ex-parte against the petitioners (defendants).