EXPORTS INDIA Vs. RIBA TEXTILES P LTD

JUDGEMENT

(1.) THIS is an application for condonation of delay in filing the application IA 4858/2005 under Order IX Rule 13 CPC seeking setting aside of a decree dated 29. 10. 2003.

(2.) THE suit was for recovery of Rs. 26,29,828/ -. The applicant, arrayed as defendant had been served; it entered appearance through counsel and filed a written statement on 12. 3. 1996. Apparently, after some dates of hearing, the applicant ceased to be represented on 6. 2. 1997. This Court took note of the continued absence of the defendant and set it down ex-parte.

(3.) THE suit thereafter proceeded for about six years during which the applicant made no attempt to participate in the proceedings either by seeking reversal of the order dated 6. 2. 1997 or joining at any stage of the proceeding. Ultimately after considering the merits, the suit was decreed on 29. 10. 2003.