VASANTDADA SHETKARI SAHAKARI SAKHAR KARKHANA LIMITED Vs. B B CONSULTING N ENGINEERING PRIVATE LIMITED CO

JUDGEMENT

(1.) RULE. Returnable forthwith. Respondents waive service. By consent revision application is taken up for final hearing and disposal.

(2.) THE main question falls for determination in the present revision application is as under : whether dismissal of appeal against the ex parte decree on the ground that the appeal is barred by limitation attracts the provisions contained in Explanation-II of Order 9, Rule 13 of Civil Procedure Code (C. P. C.) and creates bar to the maintainability of the application under Order 9, Rule 13 of C. P. C. for setting aside ex parte decree ? facts-IN-BRIEF

(3.) THE facts and circumstances giving rise to the aforesaid question are as under : the petitioners/plaintiffs filed special civil suit in the Court of Civil Judge, Senior Division, Sangli against the respondents/defendants for payment of damages in the sum of Rs. 32,35,879/- with interest thereon at the rate of 18% from the date of notice till the date of its realisation. The said suit came to be registered as Special Civil Suit No. 65 of 1991 and came to be assigned to the Joint Civil Judge, Senior Division, Sangli.