1 WP No.6391/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.6391 of 2010 Kishore Karunashankar Trivedi ... Petitioner versus Archana Mangesh Udiaver ... Respondent ... Mr. R.A.Thorat i/b Devendra Udani for the petitioner. CORAM : D.G. KARNIK, J. DATED : 12th August 2010 P.C. 1. By this petition, petitioner challenges the order dated 28 July 2010 passed by the 2nd Addl. Principal Judge, City Civil Court, Mumbai rejecting the petitioner’s motion to set aside an ex-parte order dated 24 June 2010. In a suit filed by the respondent, writ of summons was served on the petitioner on 29 March 2010. Petitioner did not appear on the dates fixed or even on the next few dates. Therefore, on 24 June 2010, the Court passed an order that the suit would proceed ex-parte against the petitioner. Before the suit could be heard and decided petitioner appeared and filed an application for setting aside the ex- parte order. The application was rejected. Aggrieved petitioner has approached this Court by this petition. 2 WP No.6391/10 2. In case of Arjun Singh Vs. Mohindra Kumar. AIR 1964 SC 993, the Supreme Court has held where the suit is adjourned after hearing of the suit ex-parte it is adjourned before judgment, an application for setting aside the ex-parte order would not be maintainable. The appropriate remedy would be to apply for setting aside of an ex-parte decree under Order 9 Rule 13 of the Code of Civil Procedure when passed. Consequently, the application made by the petitioner for setting aside the ex-parte order was not maintainable. Writ Petition is accordingly rejected summarily. (D.G. KARNIK,J.)