SURENDRA KUMAR SHARMA Vs. PRAKASH CHANDRA

JUDGEMENT

(1.) The present appeal has been filed against the order dtd. 4/12/2024 passed by Additional District Judge No.2, Bhilwara in Civil Misc. Case No.153/2024 whereby the application under Order 9 Rule 13 read with Sec. 151, CPC (hereinafter referred to as, 'the application') as preferred on behalf of the defendant was rejected.

(2.) The application was filed by the defendant-appellant for setting aside of the judgment and decree dtd. 21/3/2024 with a submission that his counsel pleaded 'No Instructions' in the suit without any information to him and further that the notice of information as issued by the Court was never served on his son. It was further submitted that the defendant came to know about the decree recently and soon thereafter, the application was filed.

(3.) The learned Trial Court, while rejecting the application, specifically observed that after 'No Instructions' been pleaded on 6/12/2021 by counsel for the defendant, the notice of information was issued by the Court which was received served with a report that the same was served on the son of defendant. Despite the said service of notice, none appeared on behalf of the defendant and hence, the suit was directed to be proceeded ex parte on 30/4/2022 and ultimately, decreed on 21/3/2024.