K.K. SINGHVI S/O. LATE SHRI MANAK MAL SINGHVI, AGED 60 YEARS, BY CASTE Vs. SMT. CHANCHAL DEVI W/O. LATE SHRI ASHOK

JUDGEMENT

(1.) This appeal under Order 43, Rule 1 (d) Code of Civil Procedure is directed against the order dated 28.01.2014 passed by the Additional District Judge No. 4, Jodhpur Metro, whereby the application filed by the appellant under Order 9, Rule 13 Code of Civil Procedure seeking setting aside of ex-parte judgment and decree dated 07.01.2011 has been rejected.

(2.) A suit was filed by the respondents against the appellant seeking compensation to the tune of Rs.64,20,000.00 on account of death of one Ashok, who while using the Swimming Pool at Fun World, Jodhpur died. The suit was decreed ex-parte on 07.01.2011.

(3.) Where after, an application under Order 9, Rule 13 Code of Civil Procedure was filed by the appellant, inter alia, with the averments that the suit was wrongly decreed ex-parte against him by treating service of summons on his son Amit Singhvi as proper, though said Amit Singhvi doesn't reside with him, who is the son of his first wife, was staying separately from him and they were not on talking terms. It was claimed that when the summons of First Appeal No. 297/2013 were received by applicant's another son Rajesh, the fact of filing of the suit and passing of the decree came to his notice. It was prayed that ex-pare decree be set aside.