SHALEN Vs. RUBY VICTORIA FERREIRA

JUDGEMENT

(1.) This appeal is directed against an order dtd. 9/11/2022 passed by the learned Judge, City Civil Court in Notice of Motion No.931 of 2021 in S.C.Suit No.3513 of 2010, whereby the said Notice of Motion taken out by the Appellant- original Defendant No.1(d) for setting aside the decree under the provisions of Order IX Rule 13 of the Code of Civil Procedure, 1908 came to be dismissed.

(2.) The background facts can be stated, in brief, as under :

(3.) I have heard Mr. Sanskar Marathe, learned Counsel for the Appellant and Mr. Joveson, learned Counsel for the Respondents at some length. The learned Counsel took the Court through the pleadings, the impugned order and the judgment passed by the learned Judge in Suit No.3513 of 2010. Copy of the roznama of the proceeding in Suit No.3513 of 2010 was also tendered for the perusal of the Court.