JUDGMENT

Archana Puri, J. - Challenge in the present revision petition is to the judgment dated 20.04.2021 passed by learned Addl. District Judge, thereby, affirming the order dated 13.02.2021 (Annexure P-12) passed by learned Civil Judge (Sr. Divn.), whereby, an application under Order 9 Rule 13 CPC, filed by the petitioner was dismissed.

The background facts, having bearing on the controversy, in nutshell, are as follows:-

2. That, initially, respondent-plaintiff Gaurav Madaan had filed a suit for seeking recovery of Rs.4 lakh against Ms/ Shankar Lal Kashmiri Lal through its partner Chiranji Lal and he also impleaded three partners of the aforesaid firm as defendants No.2, 3 and 4. The present petitioner was impleaded as defendant No.3, in the aforesaid suit. However, the suit was only contested by respondent No.4 Kashmiri Lal, whereas, defendants No.1 to 3 (including present petitioner) were proceeded against ex-parte. Ultimately, the suit was decreed on 21.05.2019.

3. On coming to know about passing of the ex-parte judgment in the aforesaid suit, the petitioner-defendant No.3 filed an application under Order 9 Rule 13 CPC for setting aside the ex-parte judgment dated 21.05.2019 and