important point
Chapter 13, rule 6 is mandatory requiring strict compliance.

judgment

V.S. Sirpurkar, J. —

1.Leave granted.

2.The present appeal challenges the orders passed by the Delhi High Court dismissing the appeal filed by the present appellant wherein she had challenged the order passed by Additional District Judge, Tis Hazari Courts, Delhi dismissing her application under Order IX Rule 13 of the Code of Civil Procedure.

3.The following facts would help understanding the controversy involved.

4.The appellant herein was arrayed as a Third Defendant in a Civil Suit filed by Anjana Enterprises, the respondent herein. This suit was initially filed in the High Court of Delhi and was pending there. Along with the appellant there were three other defendants including defendant No.4-firm M/s.Renuka Inc. The suit was for recovery of Rs.14,50,000/- together with interest at the rate of 24% per annum both pendente lite and future. During the pendency of the suit the pecuniary jurisdiction of the District Courts was enhanced and, therefore, the suit came to be transferred to the Court of Additional District Judge, Delhi by order dated 8.8.2003. The order reached that court on 25.9.2003. It seems that the court of Additional District Judge thereafter sent notices to the parties and the matter was fixed for 22.10.2003. This order was passed on 25.9.2003 itself and the plaintiff-respondent had noted the further date of 22.10.2003. On 22.10.2003 it was found that the defendants had not been served and therefore, the court passed the order that the defendants and their counsel should be served through the court notice for 1.12.2003. The addresses for these notices were allegedly furnished by the plaintiff-respondent on that date. However, it seems that on 1.12.2003, the Trial Court issued notice only to the counsel of the defendants. The matter was fixed on 7.1.2004 for the appearance of the partiers. It seems that on 22.9.2004, the Court proceeded ex-parte against the appellant herein and ultimately an ex-parte judgment and decree was passed on 27.10.2005. This decree was sought to be set aside under Order IX Rule 13 and for that an application came to be filed before the Trial Court. However, the Trial Court rejected the said application requiring the appellant to file an appeal before the Delhi High Court. However, even that appeal was dismissed and that is how the appellant has come before us by way of the present appeal.

5.Learned counsel appearing on behalf of the appellant urged that both the courts below have not realized that the appellant had no opportunity whatsoever to take part in the proceedings since she was never served a notice of the proceedings which were transferred from Delhi High Court to the Court of Additional District Judge, Delhi. Secondly the learned counsel urged that the true impact and effect of Rule 6 Chapter 13 was also not realized by the courts below under which it was imperative that after the transfer, all the parties were bound to be informed regarding the transfer and the dates. It was further urged that both the courts below have not realized that the counsel who represented the original defendants 1, 2 and 4 was not her counsel and, therefore, the notice served on the said counsel amounted to no notice being served or atleast was not a sufficient notice. Lastly the courts below have not realized that the appellant had no concern whatsoever with the aforementioned defendant-firm of which she was neither a Director nor the partner and thus had no concern with the said loan of Rs.14,50,000/-.

6.As against this, the learned counsel for the respondent-plaintiff urged that there were circumstances on record to suggest that the appellant was never serious about these proceedings and inspite of number of opportunities having been granted to her she remained dormant in the matter of defending the suit. It was also urged that the appellant did not show the expediency that was expected from her even in the matter of making an application under Order IX Rule 13. It was lastly urged that the