The principle of deemed service and the requirement for sufficient cause in delay condonation applications are crucial in determining the validity of service of summons and the acceptance of delay condonation. Additionally, the limited scope of Article 227 of the Constitution of India was emphasized.

ORDER :

1. Heard learned advocate Mr. Chirag A. Prajapati for the petitioner and learned advocate Mr. Dhairyawan D. Bhatt for the respondent.

2. Upon the consent and request of learned advocates appearing for the respective parties, this petition is taken up for final hearing.

3. By way of this petition, under Articles 226 and 227 of the Constitution of India, the petitioner has sought for the following reliefs;

“(A) Be pleased to quash and set aside the order dated 16.5.2019 passed by learned Civil Court, Valsad below Exhibit-1 in the petition No.10 of 2019 and condone the delay; and

(B) Be pleased to stay the further implementation, execution and operation of order dated 8.12.2015 passed by learned Civil Court, Valsad below Exhibit-47 in the Special Civil Suit No.27 of 2010; and

(C) Pending admission and final disposal of this petition the Honourable Court may be pleased to stay the execution of further proceedings of the Execution Application No.18A of 2016 which is pending before the Ajmer Court at Rajasthan; and

(D) xxx...”

4. The brief facts of the case leading to the present petition are as under:-

4.1 The respondent-original plaintiff filed Special Civil Suit No.27 of 2010 before the learned Civil Court, Valsad against the present petitioner-original defendant for recovery of Rs.26,16,085.50 paisa. The said suit was decreed by the learned 2nd Additional Senior Civil Judge, Valsad on 08.12.2015. The plaintiff filed an Execution Petition which was subsequently transferred from Civil Court, Valsad to District and Sessions Court, Ajmer, Rajasthan, which was registered as Execution Petition No.18A/2016. The Notice of said Execution Petition came to be issued to the present petitioner at the address shown in the cause-title of the plaint. Upon receipt of the said notice, the petitioner came to know about the judgment and decree passed by the learned District and Sessions Court, Ajmer, Rajasthan. Thereafter, the said judgment and decree was challenged by the present petitioner by way of First Appeal No.145 of 2019 before this Court, which came to be withdrawn on 19.01.2019 with a liberty to file appropriate proceedings before the learned trial Court. Thereafter, the petitioner preferred Civil Miscellaneous (Delay) Application No.10 of 2019 before the learned 2nd Additional Senior Civil Court, Valsad on 11.03.2019. The said application came to be dismissed by the learned trial Court on 16.05.2019.

4.2 Being aggrieved and dissatisfied with the impugned order, the present petitioner is before this Court.

5. Learned advocate for the petitioner has submitted that the summons of the Special Civil Suit No.27 of 2010 was not served to the petitioner and the address shown in the cause-title of the plaint was incomplete. Since the summons was not served to the present petitioner, the petitioner could not defend the suit and an ex-parte decree came to be passed on 08.12.2015. When the Notice of Execution Petition No.18A/2016 was issued from the District & Sessions Court, Ajmer, Rajasthan, the present petitioner came to know about the judgment and decree was passed against him. Thereafter, the certified copies of the proceedings were obtained and the petitioner preferred First Appeal being F/First Appeal No.458 of 2019 before this Court, which came to be withdrawn with a liberty to move appropriate proceedings before the learned trial Court and hence, the petitioner filed Miscellaneous Civil Application (Delay) No.10 of 2019 before the learned Principal Civil Judge, Valsad seeking relief of setting aside the ex-parte decree passed in Special Civil Suit No.27 of 2010 on 08.12.2015. It is further submitted that there was delay of 1123 days in preferring the application and the petitioner has shown sufficient cause for the delay caused in preferring Civil Miscellaneous Application (Condonation) No.10 of 2019. The said application came to be dismissed by the learned 3rd Additional Senior Civil Judge, Valsad on 16.05.2019, whereby the aspect of non-serv