RAJNI Vs. RAJENDER SINGH

JUDGEMENT

(1.) The plaintiff had filed a suit for recovery of Rs. 3,85,746.25 against the defendants under the provisions of Order 37 of the CPC. During the pendency of this suit, an application for leave to defead was filed on behalf of the defendants. The application was contested by the plaintiff. However, during the pendency of the application defendant No. 1 did not appear resulting in passing a decree against defendant No.1. Thereafter, defendant No. 2 filed an application under Order 37 Rule 4 read with Section 151 of the CPC for setting aside the decree dated 8/2/2005. This application was also dismissed by the learned Trial Court vide its order dated 11/8/2005. The suit against defendant No. 1 is still pending before the Trial Court.

(2.) Aggrieved from the said two orders i.e. 8/2/2005 and 11/8/2005, the appellant has filed the present appeal which itself is barred by time and the application for condonation of delay has been filed.

(3.) During the course of hearing learned Counsel appearing for the parties upon instructions from their respective clients who are present in the Court stated that this appeal without prejudice to the rights and contentions of the parties could be disposed of by a consent order. The terms are that the judgment and decree passed by the learned Trial Court dated 8/2/2005 be set aside and the appellant in the present appeal (defendant No. 2 in the suit) may be permitted to contest the suit on merits.