HYDERABAD INDUSTRIES Vs. ASHOK KUMAR GUPTA

JUDGEMENT

(1.) THIS is an application moved on behalf of defendant No. 3, M/s. K.P. Solvex Limited, under Order 9 Rule 13 read with Section 151, CPC, for setting aside the ex parte judgment and decree dated 13.10.1993 passed against it in suit No. 89/87.

(2.) THE facts of the case are that the applicant, being defendant No. 3, was served in the suit. It appeared through counsel Mr. D.N.S.D. Bhartiya and files its written statement. Defendants 1 and 2 were also served but they remained absent. Therefore the suit proceeded ex parte against all the defendants. The suit was decreed with ex parte costs against all the defendants vide order dated 13.10.93.

(3.) A reply to this application has been filed on behalf of the decree holder in which all the contentions raised by the applicant have been denied. It has, however, been contented that the applicant defendant No. 3 cannot raise contentions relating to the merits of the decree in an application under Order 9 Rule 13, CPC.