MEGHA INSULATION PRIVATE LIMITED Vs. J.K. WHITE CEMENT WORK GOTAN, A UNIT OF J.K. WHITE LIMITED THROUGH SPECIAL POWER OF ATTORNEY SHRI P.K. SHARMA S/O SHRI KESHAV DEV SHARMA, AN OFFICER OF THE COMPANY, RESIDENT OF C

JUDGEMENT

(1.) This appeal under Order 43, Rule 1 (d) CPC has been filed by the appellants aggrieved against order dated 09.03.2016 passed by Additional District Judge, Merta, whereby, the application filed by the appellants under Order 9, Rule 13 CPC seeking setting aside of ex parte decree dated 25.01.2007 has been dismissed.

(2.) The respondent Company filed a suit for money against the appellants for a sum of Rs.9,51,877/-. In the suit the summons were sent through registered post acknowledgment due to the appellants and on receipt of acknowledgment, the service was treated as complete and as no one appeared on behalf of the appellants, ex parte proceedings were initiated. Evidence of two witnesses was recorded by the trial court and where after the suit was decreed vide judgment and decree dated 25.01.2007 directing payment of a sum of Rs.4,50,202/- along with interest @ 6% per annum from the date of filing of the suit.

(3.) The appellants, after the decree was transferred to the Court at Bhavnagar, Gujarat and was sought to be executed against the appellants, filed an application under Order 9, Rule 13 CPC on 14.09.2007 before the trial court. It was, inter alia, claimed that the summons sent through registered post acknowledgment due were not served on the appellants and, in absence of service of summons, the suit could not have proceeded and be decreed ex parte.