MOHAN MURTI Vs. DEUTSCHE RANCO GMBH

JUDGEMENT

(1.) THE Appellant in this appeal seeks to challenge the order dated 4.7.2012 passed by a learned Single Judge of this Court in Execution Petition whereby the learned Single Judge allowed the application being E.A. No. 356/2006 of the Respondent/Decree Holder under Order XXII Rule 10 of the Code of Civil Procedure to bring on record Invensys Deutschland GmbH in place of the original Decree Holder Deutsche Ranco GmbH, and also allowed the application for restoration of the Execution Petition which was dismissed in default on 7.8.2007, being E.A. No.36/2008.

(2.) SHORN of details, the facts relevant for the decision of the present Appeal are that the Respondent/Decree Holder filed Execution Petition No.58/1994 which was dismissed in default vide order dated 13.1.1999 and subsequently restored vide order dated 16.10.2003 passed by the learned Single Judge on the Respondent/Decree Holder filing an application under Order IX Rule

(3.) IT is deemed appropriate to reproduce the relevant extract of the order of the Division Bench, which reads as under:-