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2019 (7) TMI 2021 - DELHI HIGH COURTApplication for recall of an ex-parte under Order IX Rule 13 of the Code of Civil Procedure, 1908 allowed - defendant's failure to lead the evidence or appear was not on account of his own default - suit for recovery of the price of goods sold to the respondent - HELD THAT:- The Trial Court has been persuaded by the defendant's argument that the defendant and his counsel were not in communication when the defendant was in judicial custody. However, the facts regarding his having applied for certified copies of the decree during this period, and having appeared for the defendant on atleast two occasions before the Supreme Court, belie the stand taken by the defendant. It is also significant that, even during this period, an application was filed in March, 2016 for reopening the defendant's evidence, which had been closed in October, 2015. This application was filed by a pairokar of the defendant and shows that the defendant was in a position to participate in judicial proceedings even at that stage. This is a fit case for exercise of jurisdiction under Article 227 of the Constitution, against the order of the Trial Court invoking its powers under Order IX Rule 13 of the CPC. The impugned order is set aside - petition allowed.
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