DHANESHWAR MAHTO Vs. KRISHNA KUMAR MEHTA

JUDGEMENT

(1.) Aggrieved by order dated 8.5.2013 in Title Suit No. 142 of 2012 whereby, application seeking recall of order dated 14.3.2013 and the application seeking extension of time have been rejected, the present writ petition has been filed. Title Suit No. 142 of 2012 was filed by one Krishna Kumar Mehta who is respondent in the writ petition. The suit was admitted for hearing on 11.9.2012 and summons were issued to the defendant. The petitioner appeared on 8.5.2013 however, before that, the suit was already set for ex parte hearing vide order dated 14.3.2013. In these facts the petitioner filed aforesaid applications which have been dismissed vide order dated 8.5.2013.

(2.) The learned counsel for the petitioner submits that order dated 19.2.2013 records that summons was received by the son of the defendant-petitioner herein though, the record indicates that summons were issued on 22.9.2012 only. The petitioner after he came to know about pendency of the Title Suit No. 142 of 2012, promptly appeared on 8.5.2013 and filed application seeking recall of order dated 14.3.2013 and for extension of time. It is submitted that the petitioner who is sole defendant in suit may be granted one opportunity to contest the suit.

(3.) The learned counsel appearing for the respondent refers to order-sheet in Title Suit No. 142 of 2012 and submits that after the plaintiff filed his evidence on affidavit, the petitioner appeared and filed the aforesaid applications which have rightly been dismissed by the Trial Court.