GLORIA CHEMICALS Vs. R K CABLES

JUDGEMENT

(1.) By these applications defendants 1, 2 and 3 have prayed that their earlier application registered as I.A. 3895 of 86 under Order IX Rule 13, Civil Procedure Code for setting aside ex parte decree dated 30th April, 1986, which was dismissed on 24th July 1986, be restored and the delay in applying for it be condoned.

(2.) . In the suit a decree was sought against the defendants for recovery of Rs. 1,35,000 with interest and costs.

(3.) . Defendant No. I is a partnership firm. Defendants 2 and 3 axe brothers. They and defendant No. 4 are partners of the firm. The defendants were duly served with summons in the suit. Mr. B.L. Gupta Advocate, appeared on behalf of all the defendants on 10th January 1986. He sought adjournment to file written statement and reply to application of the Plaintiff for interim orders. On the next date of hearing on 12th February 1986, Mr. Gupta stated that he was appearing only for defendants 2 and 3. Since the other two defendants had earlier been served, they were proceeded ex parte. Further adjournment was granted to Mr. Gupta to file written statement on behalf of defendants 2 and 3. Neither written statement was filed nor any one appeared for these defendants on 26th February 1986 and on 4th March 1986. Therefore, order was made to proceed ex parte against defendants No. 2 and 3 also. Ex-parte evidence was recorded on 26th April 1986. Ex-parte judgment and decree was passed on 30th April 1986 for Rs. 1,35,000 with costs and also interest at the rate of 18 per cent per annum on the amount of Rs. 89,305 from the date of the institution of the suit till payment.