LAWS(DLH)-2004-10-80

ANIL SHARMA Vs. WIEZMANI CONSULTANTS

Decided On October 26, 2004
ANIL SHARMA Appellant
V/S
WIEZMANI CONSULTANTS Respondents

JUDGEMENT

(1.) IA 4204/04(UNDER SECTION 5 OF THE LIMITATION ACT FOR CONDONATION OF DELAY) ALLOWED SUBJECT TO ALL JUST EXCEPTIONS. DELAY IN MOVING THE APPLICATION, IA.NO.4203/2004 FOR SETTING ASIDE THE ORDER DATED 9TH JULY, 2003 AND FOR RESTORATION OF THE IA.NO.11345/2001 AND FOR SETTING ASIDE THE DECREE PASSED ON 29TH AUGUST, 2003 IN THE MAIN SUIT NO.2675/2000 STANDS CONDONED.

(2.) IA.NO.4203/2004 : THIS IS AN APPLICATION BY THE DEFENDANTS UNDER ORDER IX RULE 9 OF THE CIVIL PROCEDURE CODE, 1908(IN SHORT THE `CPC') TO SET ASIDE THE EX-PARTY JUDGMENT DATED 29TH AUGUST, 2003 DECREEING THE SUIT OF THE PLAINTIFF AGAINST THE DEFENDANTS UNDER ORDER XXXVII AS THE LEAVE TO DEFEND APPLICATION FILED BY THE DEFENDANT WENT UN REPRESENTED AS HIS COUNSEL DID NOT ATTEND COURT AND WAS ACCORDINGLY DISMISSED ON 9TH JULY, 2003. AS A NOTICE UNDER ORDER XXI RULE 54 CPC FOR EXECUTION OF THE DECREE WAS FOUND PASTED ON 19TH MAY, 2004, THE DEFENDANT/APPLICANT CAME TO KNOW ABOUT THE EX-PARTY DECREE PASSED AGAINST IT AND MOVED THE PRESENT APPLICATION ON 20TH JULY, 2004.

(3.) THE CRUX OF THE APPLICANTS AVERMENTS IS THAT HE WAS DILIGENTLY DEFENDING THE SUIT AND FILED THE APPLICATION FOR LEAVE TO DEFEND BUT HIS COUNSEL DID NOT COMMUNICATE THE COURT NOTICE TO HIM NOR APPEARED IN COURT WITHOUT INFORMING THE DEFENDANT.