Negligent Conduct, Caused 19-Yr Delay: Rajasthan High Court Dismisses Plea Against Ex-Parte Decree In Recovery Suit Due To Non-Appearance
Live LawNoting the "negligent conduct" of a man in delaying the trial of a recovery suit by almost 19 years, the Rajasthan High Court recently dismissed his plea for setting aside an ex-parte decree which was passed due to his non-appearance in the suit. A single judge bench of Justice Nupur Bhati observed, "Thus, upon perusal of the record, and the findings of the learned Trial Court, it is clear that the conduct of the defendant has been negligent and causing delay and the entire factual incident at least makes it clear that he has been delaying the case repeatedly and the original suit has been delayed for almost 19 years". Contentions Before the high court, Khan's counsel argued that the substituted service of summons had to be done as per with Order 5, Rule 20 CPC which states that such summons have to be published in a "daily newspaper circulating in the locality" in which Khan was "last known to be residing". The high court further observed that when the summons were served to Khan in 2010 for execution of the decree, he had "refused to accept it".