GHANSHYAM DASS GUPTA Vs. MAKHAN LAL

JUDGEMENT

(1.) THE appeal impugns the judgment and decree (dated 29.03.2003 of the Court of Additional District Judge (ADJ) in Suit No.96/2002 filed by the respondent) of recovery of Rs.2,65,000/ - with costs and interest from the appellant.

(2.) NOTICE of the appeal and the application for stay was issued. Vide order dated 05.12.2003, the appeal was admitted for hearing, Trial Court record requisitioned and execution stayed without imposing any condition of deposit of decretal amount or furnishing security therefor on the appellant. The appeal was, vide judgment dated 13.01.2012 pronounced in the absence of the counsels for both the parties, dismissed. The appellant preferred SLP(C) No.13475/2012 which was granted and converted to Civil Appeal No.5950/2012 which was allowed for the reason that in the absence of the appellant or his counsel, the appeal could not have been dismissed on merits and the appeal remanded to this Court for decision afresh. The appellant however thereafter did not apply to this Court for having the appeal listed. When the counsel for the appellant finally appeared in response to a Court Notice, he sought adjournment. In view of the said conduct of the counsel for the appellant, vide order dated 21.10.2013, the stay of execution earlier granted was vacated. However, it is informed that the decree has not been executed as yet. The counsels have been heard.

(3.) THE appellant / defendant contested the suit, by filing a written statement, on the grounds: