LAWS(DLH)-2022-5-63

MAINI SCAFFOLD SYSTEMS Vs. S. K. JAIN

Decided On May 05, 2022
Maini Scaffold Systems Appellant
V/S
S. K. Jain Respondents

JUDGEMENT

(1.) The instant appeal has been preferred by the appellants under Sec. 104 of the Code of Civil Procedure, 1908 ("CPC") read with Order XLIII rule 1(d) and Sec. 151 of the CPC against the order dtd. 21/1/2019 passed by the Ld. Single Judge in I.A. no.2086-2087 of 2018 in CS(OS) No.2222 of 2013 ("impugned order" in short). Vide impugned order, the Ld. Single Judge had dismissed the application filed by the appellants and the respondent no. 2 herein under Order IX rule 13 CPC for setting aside the ex-parte judgment/decree dtd. 15/1/2015 passed against them in CS(OS) no.2222 of 2013.

(2.) Let me briefly mention the factual backdrop in which the present appeal came to be filed:

(3.) The appellants have challenged the impugned order dtd. 21/1/2019 of Learned Single Judge mainly on the grounds that :