HAJI MALIK GHULAM AHMED SHAH Vs. JUGAL KISHORE

JUDGEMENT

(1.) This is an appeal directed against the judgment and order of the learned Single Judge dated 23.02.2012 passed in IA No. 9548/2011. By virtue of this application the appellants, who are the original defendants in the suit filed by the respondent/plaintiff, sought setting aside of the ex-parte judgment and decree dated 12.10.2009 under the provisions of Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure, 1908 (in short the Code).

(2.) In order to fully appreciate the assertions made before us in support of the appeal, some broad facts are required to be noticed. For this purpose we called the suit record.

(3.) The suit thereafter was listed on 12.03.2009, in court, on an application dated 07.03.2009 bearing filing no. 43189 being moved under section 151 of the Code, when the court noted the request of the counsel for the respondent/plaintiff to file an English translation of the process server's report; the report being in Urdu. The suit consequently got listed on the date already fixed, i.e., 25.03.2009.