PRABHAKAR Vs. SUBHASHCHANDRA

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith with the consent of the learned counsel for the rival parties.

(3.) The original defendants are before this Court in this petition raising challenge to an order passed by the Court of Principal District and Sessions Judge, Chandrapur, whereby an application (Exh.17) filed by them has been rejected, wherein they had sought stay of the proceedings in an appeal filed by them before the aforesaid Court. The petitioners claimed that, in terms of the settled position of law, their application for stay ought to have been allowed by the aforesaid Appellate Court, since their application under Order 9 Rule 13 of the Civil Procedure Code, 1906 (CPC), filed before the Trial Court for setting aside ex-parte decree was pending. By relying upon explanation to the said provision, the petitioners claimed that if their appeal stands disposed of, the application for setting aside ex-parte decree under Order 9 Rule 13 of the CPC would be rendered infructuous, thereby causing grave prejudice to them. The respondent No.1 is the original plaintiff/decree holder, on whose behalf it is contended before this Court that the Appellate Court was justified in refusing to stay the proceedings in the appeal, in view of the conduct of the petitioners and that in the interest of justice, no interference was warranted in the impugned order.