JAY KUMAR Vs. SANDEEP VIRMANI & ANR

JUDGEMENT

(1.) Cm Nos. 30565-66/2018 (exemptions)

(2.) It is further submitted that the counsel Sh. S.C. Baweja expired during the pendency of the suit which was not communicated to the appellant and hence the appellant was not aware of the passing of the ex-parte decree on 28.04.2014 till he received summons in the execution petition in the month of November, 2015.

(3.) It is further averred in the application seeking condonation of delay that immediately after service of summons, the appellant appointed another counsel who filed his Vakalatnama on behalf of the appellant in the execution petition. Thereafter, he moved an application under Order IX Rule 13 CPC, wrongly mentioned as appeal in para B of the application.