CM (M) No. 1342/2008

Page 1 of 3

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Reserve: 9^th February, 2010

Date of Order: 2^nd March, 2010

CM (M) No. 1342/2008

%

02.03.2010

Union of India & Ors.

... Petitioner

Through: Nemo

Versus

Lt. Col. Bhim Sen

... Respondents

Through: Mr. Anil Kumar, Advocate

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment? Yes.

2. To be referred to the reporter or not?

Yes.

3. Whether judgment should be reported in Digest?

Yes.

JUDGMENT

By this petition under Article 227 of the Constitution of India, the

petitioner has assailed order dated 13^th May, 2008 whereby an application of the

petitioner made under Order 9 Rule 7 CPC for setting aside ex parte order dated 25^th

November, 2006 was dismissed.

2.

Brief facts relevant for the purpose of deciding this petition are that

respondent/Lt. Col. Bhim Sen filed a suit against Col. Arup Sen & Others including

Union of India. Summons of the suit were sent to the defendants. Since nobody

appeared for the defendants, the defendants were proceeded ex parte on 25^th

November, 2006. An application