Jai Singh vs Bishan Singh

Deepak Gupta, J.—By means of this petition the Petitioner has prayed that the order dated 17.3.2005 passed by the learned trial Court be set-aside and he may be permitted to contest the suit on merits.

Briefly stated, the facts of the case are that the Respondent (here-in-after referred to as the Plaintiff) filed a suit against the present Petitioner (here-in-after referred to as the Defendant). Summons were sent for service of the Defendant and according to the report of the Process Server when he went to the house of the Defendant on 19.7.2000 the Defendant refused to accept summons whereafter the process server affixed the summons on the house of the Defendant.

The application for setting aside the ex-parte proceedings was filed on 21.3.2002 and the explanation given is that the applicant came to know only on 5.2.2002 when he appeared with his counsel that he had been proceeded against ex-parte. There is no explanation as to how the Defendant came to know about the pendency of the case and appeared in the Court on 5.2.2002. The application was filed on 21.3.2002 i.e. after 30 days. There is no explanation worth the name as to when the Defendant came to know about the filing of the suit, from whom he came to know about the filing of the suit and why he did not approach the Court earlier.

The allegations are absolutely vague and therefore, the Court below was justified in rejecting the application. I find no merit in the petition which is accordingly rejected. No costs.