M/s. Mayur Crafts Pvt. Ltd. vs Shri Anil Kumar Bansal

Alok Sharma, J.—Heard the counsel for the parties and perused the impugned order dt. 28.1.2002 passed by the learned Addl. District Judge No. 1, Ajmer (hereinafter ''the trial Court'') dismissing the appellant defendant''s (hereinafter ''the defendant'') application under Order 9 Rule 13 CPC for setting aside the ex-parte decree dt. 21.5.1998 in civil suit No. 71/1997. After hearing the counsel for the parties and taking note of the facts of the case where resort to Order 5 Rule 17 CPC was not taken by the trial Court prior to allowing an application for substituted service of the defendant nor satisfaction as required under Order 5 Rule 20 CPC recorded or pasting of notice as mandated under the said provision, ensured and relying upon the judgment this Court in the case of Iqbal Kaur and Others Vs. Jagdish Prasad and Others, , I would quash and set aside the impugned order dt. 28.1.2002 passed by the trial Court and corresponding allow the application under Order 9 Rule 13 CPC filed by the defendant appellant. The civil suit No. 71/1997 is restored to its original number.

Counsel for the defendant undertakes to file his written statement within a period of one month from today. The learned trial Court is directed to dispose of the suit consequent to the ex-parte decree dt. 21.5.1998 being set aside within a period of six months from today. The Dy. Registrar (Judicial) will ensure that the record of the case is sent back forthwith to the Court concerned.