SHOBHA KATELIHA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This miscellaneous appeal is filed by the appellants/defendants under Order XLIII, Rule 1 of the Code of Civil Procedure against the order dated 17-10-2008 passed by the District Judge, Bilaspur in M.J.C. No. 29/2008, which in turn arises out of the judgment and decree dated 21-2-2003 passed in Misc. Civil Case No. 100/1998. By the impugned order, the learned District judge, Bilaspur dismissed the application made by the defendants No. 1 and 2/judgment debtor No. 1 and 2 under Order IX, Rule 13 of the C.P.C. and in consequence declined to set aside the final decree proceeding dated 21-2-2003 in Civil Suit No. 5-B/1993.

(2.) So the short question that arise in this appeal is, whether the learned District Judge was justified in dismissing the application made by the defendants No. 1 and 2/judgment debtor No. 1 and 2 under Order IX, Rule 13 of the C.P.C.?

(3.) In order to appreciate the issue involved and raised by the parties to the suit, it is necessary to state relevant facts in short, infra.