SOGANI BROTHERS Vs. KUWAIT AIRWAYS CORP.

JUDGEMENT

(1.) HEARD learned Counsel for the parties and perused the impugned order passed by the learned trial court dismissing the application filed under Order 9 Rule 13 C.P.C. The decree was passed ex -parte against the appellant on 20.03.2003 for a sum of Rs. 3,17,040/ - with interest.

(2.) THE appellant's case is that the appellant was not served with the notice as the notices were sent on the address which the appellant had left and proceeded to Lucknow and was residing at Pan Dariba Road, Charbagh, Lukhnow and, therefore, no effective service was made on the appellant -defendant and the decree was passed ex -parte. The learned trial court has not found favour with the appellant and, hence, this appeal.

(3.) THE parties are directed to appear before the learned trial court on 13.07.2009. No further notice need be issued to the parties. The learned trial court will afford an opportunity to the defendant -appellant to file written statement which shall be filed on the next date fixed i.e. on 13.07.2009 and no further adjournment may be granted for this purpose.