JYOTSNABEN CHANDRAKANT GANDHI Vs. KANT ENGINEERING COMPANY

JUDGEMENT

(1.) This appeal is filed against the judgment and order dated 21.4.1988 passed by the learned City Civil Judge (court No. 5), Ahmedabad rejecting Civil Misc. Appn. No. 417/88 for setting aside the ex-parte decree dated 4.1.1988 in civil suit No. 59/85.

(2.) Appellant No. 1 is widow of and appellant No. 2 is the son of deceased Chandrakant Chhaganlal Gandhi who who running travel business and who was the sole proprietor of M/s. Vijay Travels. Chandrakant Chhaganlal Gandhi expired on 7.6.1983. After the death of Chandrakant Gandhi, appellant No. 1- widow was looking after the said business.

(3.) According to the case of the appellants, they were surprised when the court bailiff informed on 20.2.1988 that a decree for an amount of Rs. 15,027-19 was to be executed pursuant to an order passed in Execution application No. 66 of 1988 filed by the respondent-original plaintiff. The appellants found that the suit was filed and it was decided ex-parte as they were never served with any summons. The appellants had deposited an amount of Rs. 15,027-19 under protest and also made an application to the Registrar, City Civil Court, Ahmedabad on 20.2.1988, and submitted an application on 22.2.1988 requesting the court not to permit the decree holder to withdraw the said amount deposited.