MOHAN KUMAR Vs. GAURAV PRIYA SINGH

JUDGEMENT

(1.) The petitioner/plaintiff filed the suit under Order XXXVII for recovery of Rs. 9,60,000/- along with pendent lite and future interest against the respondent/defendant who was served on 24th May, 2010. The application for leave to defend was filed after the expiry of prescribed period of 10 days, with the total delay of 48 days. No application for condonation of delay was filed by the respondent.

(2.) Vide order dated 17th January, 2011, the suit of the plaintiff/petitioner was decreed up to the extent of Rs. 9,60,000/- as double the amount of payment received by the defendant/respondent.

(3.) The respondent after expiry of ten months filed an appeal being RFA No.545/2011 before this Court. However, when the appeal was listed on 15th November, 2011, the respondent was asked to approach the trial Court to get the judgment and decree passed on 17th January, 2011 set aside. In view of the said order, the respondent filed an application under Order XXXVII Rule 4 read with Section 151 CPC in Ex.P. No.49/2011 dated 19th November, 2011 alongwith an application for condonation of delay under Section 5 of the Limitation Act for setting aside the impugned judgment and decree.