CITI BANK Vs. RAMAN SHARMA

JUDGEMENT

(1.) This appeal has been filed by Citi Bank N. A. against the order of District Forum dated 1.8.91. A complaint by Mr. Raman Sharma was filed against City Bank, appellant and M/s. Saya Automobiles (P.) Ltd. , respondent for recovery of Rs.1160/- in which an ex-parte decree was passed against the appellant. It is alleged that the service of the summons was not effected on the appellant and consequently the ex-parte decree was liable to be set-aside.

(2.) It is contended by the learned Counsel for the appellant that the service of the summons was not effected by the District Forum on the appellant and consequently no ex-parte judgment/order could be passed against them.

(3.) We have duly considered the argument. In case an ex-parte decree was passed against the appellant without service of the summons, it was incumbent upon them to have filed an application for setting aside the ex-parte decree before the District Forum. The question whether the service was effected on the appellant or not, is a question of fact, which is determined by the Forum which passed the decree after recording evidence. The appeal against such an order is not a proper remedy in such cases.