PRANESH GUPTA & ANR Vs. JAGDISH BANSILAL KHURANA

JUDGEMENT

(1.) The plaintiffs instituted this suit for recovery of Rs.9,93,27,786.68 against the defendant in which the summons were issued to the defendant on 29th August, 2011. On 08th February, 2012, Mr.Kunal Duggal, Advocate appeared on behalf of the defendant. However, defendant's counsel did not appear thereafter, whereupon the Court issued fresh summons. The defendant was served by publication in Lok Satta newspaper, Mumbai edition on 02nd May, 2013. The defendant was proceeded ex parte on 18th November, 2013 and an ex parte decree was passed against the defendant on 23rd May, 2014.

(2.) On 23rd November, 2017, the defendant filed I.A.3420/2018 under Order IX Rule 13 of the Code of Civil Procedure for setting aside of the ex parte decree along with I.A.3421/2018 for condonation of delay of 475 days in seeking restoration and I.A.3422/2018 for condonation of delay of 75 days in re-filing the application for restoration.

(3.) Vide order dated 17th July, 2018, this Court issued notice on the aforesaid three applications and directed the defendant to disclose his defence on merits on an affidavit and file all original relevant documents relating to this case within his power and possession. The defendant has filed an affidavit dated 24th July, 2018 and disclosed his defence on merits to which the plaintiffs have filed their response.