MALA DANG Vs. R K CABLE

JUDGEMENT

(1.) By these applications defendants 1, 2 and 3 have prayed for setting aside ex-parte decree dated 14-5-1986, for condining delay in filing the application, and to stay proceedings for execution of the decree pending disposal of the first two applications.

(2.) In the suit, plaintiff prayed for a decree for recovery of Rs. 6,10,000.00 with interest and costs from the defendants. Defendant No. 1 is a partnership firm. Defendants 2 and 3 are brothers. They and defendant No. 4 are partners of the firm. Defendant No. 5 is another partnership firm. It is alleged to have guaranteed payment of money due from defendant No. 1 to the plaintiff.

(3.) The suit was filed on 31-8-1985. On 14.10-1985, one of the partners of defendant No. 5 was present, an order was made to proceed ex-parte against defendants I to 4 as none appeared for them inspite of service of summons, and, hearing of the suit was adjourned to 19-11-1985. That day, order to proceed ex-parte against defendant No. 2 was set aside on his application (IA 6586 of 1985), Mr. B.L. Gupta, Advocate appeared on behalf of defendants 1 to 4, defendant No. 5 was represented by another Advocate, defendants were directed to file written statement, and proceedings were adjourned to 8-1-1986. That day, another Advocate Mr. Sunil Aggarwal appeared for defendants 1 to 3 and stated that he had recently been engaged and wanted time to file written statement. He was allowed to do so within ten days. Again, Mr. Sunil Aggarwal appeared on 17-2-1986 and undertook to file written statement within two days, and directions were given for filing replication, for admission and denial of documents, and hearing of the suit was adjourned to 24-3-1986.