PUNEET DWIVEDI Vs. AVDESH PANDEY

JUDGEMENT

(1.) Respondent No. 1 filed a money recovery suit against the petitioners, which was registered as Civil Suit No. 31 of 2016. The said suit was decreed ex-parte vide judgment dtd. 27/5/2017. The decree holder (respondent No. 1 herein) put the ex-parte decree to execution by filing Execution Case No. 14 of 2017. Upon service of notice, petitioners appeared before the executing court and soon thereafter, they filed an application for setting aside ex parte decree under Order 9 Rule 13 of C.P.C. along with delay condonation application under Sec. 5 of the Limitation Act seeking condonation of delay of more than one year.

(2.) Learned Civil Judge (S.D.), Rudrapur, Udham Singh Nagar rejected the said applications filed by the petitioner vide order dtd. 7/12/2017. Thus, feeling aggrieved, petitioners have approached this Court by filing petition under Article 227 of the Constitution of India.

(3.) Heard learned counsel for the parties and perused the record.