DAYASHANKAR GUPTA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) BEING aggrieved with the order dated 12-8-2004, passed in Miscellaneous Judicial Case No. 6 of 2004 by the 4th Additional district Judge (F.T.C.), Ambikapur, the appellant/defendant No. 1 has filed this Misc. Appeal under order 43 Rule 1(d) of C.RC. as the application under order 9 Rule 13 C.P.C. filed by this appellant for setting aside the ex-parte decree has been dismissed by the said Court.

(2.) THE brief facts are that the plaintiff-bank filed a suit for recovery of Rs. 1,17,961.00 on 17-1-1994. The appellant is defendant No. 1 in the said civil suit and the respondents No.2,3 and 4 are other defendants respectively. The said suit was registered as Civil Suit No.3-B/1994. Originally one Smt. Phulmat was the defendant No.1. However, after her death, her name was deleted and the remaining defendants were renumbered as above.

(3.) THE case of the appellant/defendant is that earlier he was having no knowledge of the aforesaid judgment and decree passed by the trial Court. However, when the execution proceedings were drawn, then he came to know about the said ex-parte decree on 03-10-2001. Thereafter, he came to the District Court on 06-10 2001, an application for obtaining certified copy of the exparte judgment and decree was filed on 08-10-2001, the copy was received on 15-12-2001 and then only, an application under Order 9 Rule 13 of C.P.C. was filed on 19-12-2001.