PUNJAB AND SIND BANK Vs. MANJIT SINGH

JUDGEMENT

(1.) IA 3 259/92 has been filed on behalf of the defendants under Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure (for short called 'the Code') for setting aside the ex parte judgment and decree dated 7th August, 1990. Alongwith this application the defendants have also filed another application bearing IA . No-3258/92 under Section 5 of the Limitation Act for condonation of delay in filing the applicaion for setting aside the ex parte judgment and decree. Notice of both the applications was issued to the plaintiff and a reply has also been filed in respect of both the applications and the plaintiff has controverted the submissions made in these applications and it has been stated in the reply that both the applications should be dismissed with compensatory costs.

(2.) Since the fate of lA3259/92dependson the decision in IA 3258/92, I would first dispose of IA 3258/92.

(3.) Mr. Kumar, the learned counsel appearing on behalf of the applicants/defendants submitted that the defendants came to know for the first time on 6/1/1992 about the ex parte judgment and decree dated 7th August, 1990 against them when they received a notice of IA No-2157/91. He further submitted that he was engaged by the defendants on 12/1/1992 and thereafter he appeared before Court on behalf of the defendants on 13/1/1992 and submitted on that date that the defendants were filing an application for setting aside the judgment and decree dated 7th August, 1990. He further submitted that after preparing the case, the applications bearing IA Nos. 3258 and 3259 of 1992 for setting aside the ex parte decree were finally filed on 2nd April, 1992. He drew my attention to paras 7,8 and 9 of the application bearing IA No. 3258/92 wherein it has been stated that the present advocate had to inspect the court file many a times and had to <PG>613</PG> go through various orders passed by this Court and by the Deputy Registrar and the law involved and in this process there was a delay of 31 day sin filing this application and that the delay should be condoned in view of the facts mentioned in this application.