ISHWAR SAINI Vs. VIDEOCON INDUSTRIES LTD. AND ORS.

JUDGEMENT

(1.) Exemption allowed subject to all just exceptions.

(2.) THIS is a revision petition filed by the petitioner against the order dated 10.03.2015 by virtue of which the application of the petitioner under Order IX Rule 13 CPC was dismissed as barred by limitation.

(3.) THE petitioner (Ishwar Singh) filed an application under Order IX Rule 13 CPC for setting aside the ex -parte decree against him. It was alleged in the application that he learnt about the decree having been passed against him (the defendant) by a notice of execution proceedings on 10.11.2014. Thereafter, he filed an application under Order XXI Rule 26 CPC in the Court on 14.11.2014 for not only setting aside the order but also that the aforesaid decree was obtained by conspiracy. Accordingly, it was prayed that the decree be set aside. The petitioner also filed an application for setting aside the execution proceedings. The Court did not oblige the petitioner by setting aside the proceedings and as a consequence, the petitioner was constrained to file an application under Order IX Rule 13 CPC read with Section 151 CPC for setting aside the ex -parte decree.