CITI BANK vs Raman Sharma

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.

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. 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.

Consequently, we dismiss the appeal, subject to the observations that the appellant may file an application for setting aside the ex-par te decree before the District Forum, if so advised. Appeal dismissed.