SHIV NARAYAN DHINGRA
Media Coverage Pvt. Ltd. – Appellant
Versus
Harish Nagewala – Respondent
By this order I shall dispose of applications under Order 9 Rule 13 CPC made by the applicants/defendants for setting aside the ex parte decree dated 19th March, 2001 passed by the Court in a suit under Order 37 CPC.
2. The brief facts relevant for the purpose of deciding this application are that the plaintiff filed a suit under Order 37 CPC for recovery of Rs.1,11,75,243.40 along with interest @ 24%. The summons of the suit were sent to the defendants through ordinary post. Perusal of order-sheet dated 19.9.2000 would show that the service report was not on record although plaintiff had contended that the defendants had refused to receive the summons. The case was next taken up on 17.10.2000 when the plaintiff contended that summons were also sent by registered post and they were duly served. Again the postal receipts were not filed and the Counsel sought some time to trace the same and place on record. The matter was again listed on 8.11.2000. On 8.11.2000, the Court perused the process server report and also saw the postal receipts placed on record and came the conclusion that defendants were deliberately evading service thus gave directions for publication of no
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