DINESH CHANDRA MAHENDRA Vs. ADARSH PRIYA SRIVASTAVA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) VIDE impugned order dated 4. 6. 2005, appellant's application under order 9 Rule 13 CPC has been dismissed on account of the same being barred by limitation and benefit of Section 5 of the Limitation Act being denied.

(3.) THE appellants had sought recall of an ex-parte decree dated 3. 8. 2002 alleging that the appellant got knowledge of the decree only on 26. 9. 2004 when in an arbitration proceedings relating to another firm of the appellant, namely Swati Exports, reference was made to the instant decree.