OM PRAKASH Vs. CHAMAN INDUSTRIES

JUDGEMENT

(1.) THIS is an application moved by the defendants No. 1,3 and 4 under order IXRule 13 CPC for setting aside the ex parte decree dated 05. 11. 1999.

(2.) A suit for the recovery of Rs. 34,16,552. 35 (Rupees Thirty Four Lacs sixteen Thousand Five Hundred Fifty Two and Paise Thirty Five only) was filed by the plaintiff against the defendants 1 to 4. The defendant No. 1 is a partnership firm, of which the defendants No. 2 to 4 were partners.

(3.) SUMMONS of the suit were sought to be served on the defendants. All the four defendants were reported to be served on 19th March, 1998, though vakalatnama was filed only on behalf of the defendant No. 2. Written statement was not filed by any of the defendants. On 02. 09. 1998, the defendants were proceeded ex parte in default of appearance and the case was set down for ex parte evidence.