ARYA CONSTRUCTION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder the order dated 22.11.2017 passed in Money Suit No.09 of 2003 by Sub-Judge-IV, Giridih has been assailed whereby and whereunder the petition filed by the defendant, the petitioner herein, on 15.02.2017 for recall of the order dated 23.07.2004 has been rejected.

(2.) The brief facts of the case of the petitioner as per the pleading made in the writ petition is that the petitioner who happens to be a partnership firm is a defendant in the money suit filed by the Secretary Water Resources Department, Govt. of Jharkhand being Money Suit No.09 of 2003 in which without valid service of summons the case has been posted for ex-parte proceeding and after appearance an application has been filed on 13.06.2005 under Order IX Rule 7 r/w Section 151 of C.P.C. for setting aside the ex-parte order dated 23.07.2004 but no order has been passed therein.

(3.) The petitioner has also filed a petition on 08.09.2005 which was disposed of on 02.09.2016 by rejecting the same as not pressed by the defendant and again a petition has been filed on 15.02.2017 for recall of the order dated 23.07.2004 and to accept the written statement filed on 03.01.2017 but the trial court without appreciating aforesaid aspect of the matter more particularly, non- disposal of the petition filed under Order IX Rule 7 of the C.P.C. dated 13.06.2005 has rejected the petition filed on 15.02.2017 on the ground that the petition has been filed after lapse of 12 years.