Najmi Waziri, J.

1. The present petition has been preferred by the petitioner under Article 227 of the Constitution of India against the order dated 24th September, 2012 (“impugned order”) of the Additional District Judge – I, Patiala House Courts, New Delhi (“Trial Court”). The impugned order came to be passed upon an application under Order XXXVII rule 4 (“Application”) of the First Schedule to the Code of Civil Procedure (“Code”) by the petitioner (who was defendant) in Suit 281/11 (“Suit”), which was filed under Order XXXVII of the Code. By the impugned order, the learned Trial Court rejected the Application, holding that the appellant has failed to demonstrate any special circumstances justifying setting aside the ex-parte decree dated 7th December, 2011.

2. Although extensive arguments were made by the respondent as to the maintainability of the petition, this Court finds it unnecessary to consider the same in detail. The petitioner has preferred the petition under Article 227 to contend, primarily, that (i) the summons was actually never served upon him and (ii) the Suit was not maintainable and ought to not be considered under Order XXXVII of the Code. The respo