- (1.) THIS appeal is against order dated 31.8.2001 passed by the Debts Recovery Tribunal, Jaipur in O. A. No. 40/2000. The appellant is defendant No. 6 in the said O. A. against whom an order was passed on 22.9.2000 under which the aforesaid O.A. was directed to be proceeded ex parte. The appellant moved an application under Order IX Rule 7, CPC on 29.8.2001 for recall of the said order dated 22.9.2000. That application has been rejected by the impugned order.
(2.) In the application for setting aside the said order dated 22.9.2000 the appellant had averred that she was never served; that she was a lady of religious bent and used to go on pilgrimage; that valuation of the said O.A. was about a crore and, therefore, she wanted to contest the O.A. on merits; that she came to know about the O.A. only five days back when she had come to Jaipur for her medical check-up; and that it was only defendant No. 2, Neeraj Mittal who informed her about the O.A. The application was resisted on several grounds and it was pointed out to the Tribunal below that there were discrepancies in the dates of affidavit and the application for setting aside the order dated 22.9.2000 and that the appellant fully knew about the O.A. as she was served by way of publication. It was also contended that the appellant is the mother of defendant No. 5 and when defendant No. 5 in the O.A. appeared before the Tribunal below, it was to be presumed that the appellant knew about the O.A. Heard learned Counsels for the parties.
(3.) I have been informed that the O.A. is at argument stage and no final orders have been passed. The appellant is stated to be an old illiterate lady. Merely because the appellant is mother of one of the defendants who had appeared before the Tribunal below, it cannot be conclusively presumed that the appellant had the knowledge of the O.A. Nobody can be sure about the cordial relationship between the mother and the son. When the O.A. is against mother and son and if the son was sincere about contesting on behalf of his mother as well, he would have taken proper steps to help his mother as well.;