MRIDUL ENTERPRISES Vs. NISHA JAGTIANI

JUDGEMENT

(1.) THE present appeal arises out a judgment and decree dated 13. 3. 2009 passed by the learned Additional District Judge in a summary suit for recovery of rs. 19,88,560/- filed by the respondent, (plaintiff in the Court RFA No. 150/2009 Page 1 of 6 below) against the appellants (defendants in the court below) under Order XXXVII of the Code of Civil Procedure.

(2.) THE undisputed facts of the case are that the appellants/ defendants, on receipt of summons in the suit instituted by the respondent, entered appearance and filed an application for leave to defend, which was decided vide order dated 19. 1. 2009 (wrongly typed as 19. 1. 2008 in Annexure A-8 ). By the aforesaid order, the learned Additional District Judge, after considering the defence taken by the appellants/defendants, granted them conditional leave to defend the suit upon their depositing a sum of Rs. 12 lacs in the Court within a period of 45 days from the date of the said order.

(3.) IT is the case of the appellants/defendants that the certified copy of the aforesaid order dated 19. 1. 2009 was obtained by them on 11. 2. 2009. Immediately thereafter, the appellants/defendants filed an application in the suit proceedings stating inter alia that they proposed to file an appeal against the order dated 19. 1. 2009 and in case the appeal was not entertained, they would deposit the amount of Rs. 12 lacs in the Court. The said application was rejected by the learned Additional District Judge vide order dated 9. 3. 2009 and the suit was ordered to be taken up on 13. 3. 2009.