BALKRISHNA K MEHTA Vs. RAVINDRA ISHWARDAS SETHNA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the respondent.

(2.) THE petitioner, in this writ petition under Article 226 and 227 of the Constitution of India has challenged the order dated 20th February, 1995 by which the learned Judge of the City Civil Court has amended the judgment dated 29.4.1994 rendered in S.C.Suit No.4330 of 1978 filed by respondent nos.1 and 2 herein. The impugned order reads thus:

(3.) ADMITTEDLY , the suit was decreed exparte vide judgment and order dated 9.7.1982. One Mr.Parulekar, advocate who was representing both the defendants, however, took out a notice of motion for setting aside the exparte decree against defendant no.2 only. The trial Court made the Notice of Motion bearing No.3712/1982, filed on behalf of defendant no.2, absolute in terms of prayer clause (a) thereof and, accordingly, the decree against defendant no.2 stood set aside. Thereafter it appears that the suit proceeded on merits and it came to be disposed of vide judgment dated 29.4.1994. The operative portion of the judgment reads thus: