UCO BANK Vs. IYENGAR CONSULTANCY SERVICES PRIVATE LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) Heard on merits.

(3.) A suit for specific performance was filed by the respondent, M/s Iyengar consultancy Services Pvt. Ltd. , against the appellant United Commercial Bank in the Delhi High court. The suit was listed on 29/7/1988 for filing documents and their admission or denial, when the defendant-Bank remained absent. It wasthen listed before the learned Single Judge of the High court on 12/8/1988, when the defendant was again absent. The learned Single Judge proceeded ex parte against the defendant on that date and the suit was then listed on 9/9/1988 as a short-cause for final disposal. On that day also, none appeared for the defendant in the suit. Accordingly, the learned Single Judge decreed the suit ex parte on that date. Thereafter on 9/10/1988, an application for setting aside the ex parte decree was made under Order IX Rule XIII Civil Procedure Code by the defendant- bank's counsel Shri A. N. Tewari, supported by his own affidavit. That application was dismissed by the learned Single Judge on 6/7/1989. Thereafter, a review application was filed by Shri A. N. Tewari, which too was dismissed on 31/7/1991. It was only thereafter that the defendant-Bank learnt of the ex parte decree passed against it. Accordingly, it filed an appeal before the Division bench of the High court through another counsel on 30/4/1992 against the orders dismissing the application for setting aside the ex parte decree as well as the review application. This appeal was dismissed on 23/9/1992 by the Division bench as time barred as well as on merits. Hence this appeal by special leave.