RAJ NARAIN Vs. HBN HOUSING FINANCE LTD

JUDGEMENT

(1.) The appeal impugns the money decree dated 25th February, 2012 against the appellants/defendants pursuant to the order of the same day of dismissal of the application filed by the three appellants/defendants for leave to defendant Suit No.1405/11/10 filed by the respondent/plaintiff under Order 37 of the Civil Procedure Code (CPC), 1908.

(2.) The appeal was accompanied with an application for condonation of 40 days delay in preferring the appeal. Notice of the appeal as well as of the application for condonation of delay was issued. The counsel for the respondent/plaintiff on 2nd July, 2013, without filing the reply opposed the application for condonation of delay. Vide order of the same day, subject to the appellants/defendants paying costs of Rs.15,000/- to the counsel for the respondent/plaintiff as a condition for condonation of delay in preferring the appeal, the appeal as well as the application for condonation of delay were listed for hearing.

(3.) The counsel for the appellants/defendants has today paid the costs imposed vide order dated 2nd July, 2013 and in view thereof, the delay in preferring the appeal is condoned. After the counsel for the appellants/defendants has been heard for about ten minutes, the counsel appearing for the respondent/plaintiff states that he is not the arguing counsel and the matter be adjourned. For the failure of the counsel for the respondent/plaintiff to argue the appeal, the costs of Rs.15,000/- which was paid today by the counsel for the appellants/defendants to the counsel for the respondent/plaintiff has been got returned to the counsel for the appellants/defendants. The counsel for the appellants/defendants has been heard and the Trial Court record has been perused to see whether any need for hearing the counsel for the respondent/plaintiff arises.