SWAMINARAYAN TRADING CO Vs. OFFICIAL RECEIVER

JUDGEMENT

(1.) SINCE both these Civil Revision Applications are interconnected and since parties are common, the same are heard and being disposed of by this common judgment and order.

(2.) THE Civil Revision Application No.25 of 1999 is filed by the applicant ? original defendant in Summary Suit No.879 of 1984 challenging the order passed by the learned City Civil Judge, Ahmedabad in Civil Misc. Application No.305 of 1998 refusing to condone the delay and setting aside the exparte decree passed by the City Civil Court. THE said Civil Revision Application was admitted by this Court on 6.5.2002.

(3.) SINCE the decree was not set aside execution proceedings were filed being Special Execution Darkhast No.24 of 1997 whereby warrant of attachment was issued and since it was against the immovable properties belonging to third party an application Ex.26 was filed which ultimately came to be allowed and the said order allowing the said application was challenged before this Court.