CAPT V P SHARMA Vs. INDER KUMAR LODHA

JUDGEMENT

(1.) THIS appeal has been filed against the order dated 13.5.94 passed by 7th Addl. District Judge, Kanpur Nagar, dismissing an application under Order 9, Rule 13, Code of Civil Procedure.

(2.) THE brief facts, leading to the case, are that the non -applicant. Indra Kumar Lodha filed a suit against Capt. V. P. Sharma who appeared in the case and engaged a senior counsel - -Sri Anand. The applicant also engaged three Junior lawyers who continued to appear for him for about five years. The suit was filed in 1984 and the counsel appeared for him upto December, 1989. Thereafter, the suit proceeded ex parte and was decreed on 28th Sept. 1991.

(3.) I have heard Sri Pramod Jain appearing for the Appellant and have gone through the impugned order.