Bijender Singh v. Kali Charan Rathore

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 508/2018 & CM No. 17924/2018 BIJENDER SINGH ..... Petitioner Through:

Mr. Manish Sharma, Ms. Neelima Sharma & Mr. Karan, Advs.

versus KALI CHARAN RATHORE ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 02.05.2018 The petition seeks to assail the order dated 24.02.2018 whereby the application of the respondent (defendant in the suit) under Order IX Rule 7 of the Code of Civil Procedure, 1908 has been allowed and he has been permitted to participate, the order dated 10.11.2016 whereby he was set exparte having been vacated. The counsel relies on decision dated September 10, 2008 of a learned single Judge in CM (M) 1031/2008 titled Rajesh Kumar @ Raju vs. State & ors. to contend that the application was highly belated and, therefore, should not have been entertained. The crucial facts which distinguish the case at hand from the one relied upon are that unlike there, in the present case there was no personal service of the respondent, his plea being that he had shifted address to the knowledge of the petitioner (plaintiff of the suit) and yet service of processes was attempted at his old address, he having been set ex-parte on the basis of publication under Order V Rule 20 CPC.

CM(M) 508/2018

In the above facts and circumstances, when fraud is attributed to the petitioner, this Court declines to interfere with the judicial discretion exercised by the trial Court.

The petition and the accompanying application are dismissed. R.K.GAUBA, J MAY 02, 2018 nk CM(M) 508/2018