There is paucity of evidence to hold that defendants 3 to 7 were served with summons in the suit for realisation of money. The Court below was perfectly justified in setting aside the ex-parte decree as against defendants 3 to 7 by the order impugned.
2. The Court below has also imposed a condition directing defendants 3 to 7 to pay a sum of Rs. 7,500/- as costs to the plaintiff. Every endeavour should be made to enable the parties to contest the lis on merits rather that allowing one to get a decree uncontested.
3. I however take note of the contention of the petitioner that he remitted a sum of about Rs. 2,00,000/- due to a bank owed by the defendants. I am sure that the Court below will provide sufficient safeguards as regards the payment allegedly made by the petitioner towards the dues of the respondents.
O.P.(C) No. 1361 of 2014 2
4. Such contentions shall also be adverted to in the suit on proof of payment allegedly made by the petitioner. The Court below shall make every endeavour to dispose of the suit within a period of four months.
The Original Petition is dismissed subject to the above clarification.
V.CHITAMBARESH JUDGE DCS