ALEX JEWELLERY PVT LTD Vs. ROLEX SA

JUDGEMENT

(1.) The present appeal has been filed against the order dated 28.10.2013 passed by a learned Single Judge of this Court in I.A. No.16257/2013 in CS (OS) No.41/2008. The appellants herein were defendants before the learned Single Judge. They had filed the said IA No.16257/2013 under Order IX Rule 7 CPC seeking the setting aside of the order dated 30.11.2012 passed earlier by the learned Single Judge whereby the said defendants were directed to be proceeded ex parte.

(2.) The learned Single Judge permitted the defendants to participate in the Suit from that stage onwards, but declined to set the clock back and consequently, did not permit the defendants to cross-examine PW-1 or to lead their evidence, as the matter had already been set for final arguments and part-arguments of the plaintiff had been advanced.

(3.) The defendants are aggrieved by the said order. The learned counsel for the respondent pointed out that in the previous hearing on 10.02.2014, the respondent had raised preliminary objections with respect to the maintainability of this appeal. He stated that the order dated 28.10.2013 is an order rejecting the appellants/defendants application under Order IX Rule 7 CPC and the same has not been shown to be appealable under Order XLIII Rule 1 CPC. The learned counsel for the respondent placed reliance on the Supreme Court's decision in the case of Arjun Singh v. Mohindra Kumar and other, 1964 AIR(SC) 993