(1.) THIS appeal is directed against the order dated 9.12.1999 in M.J.C. No. 30/99, by XI ADJ Jabalpur, whereby the application of petitioners/appellants under Order 9 Rule 13 C.P.C. for setting aside ex -parte judgment and decree, was dismissed.
(2.) THE appellants were defendant Nos. 3 and 4 in Civil Suit No. 134 - B/94 filed by the plaintiff/respondent No. 1 herein, for recovery of excise duty recovered by the appellants and other defendants. The suit was instituted on 14.6.1983. In the said suit notices were issued and the defendants were duly represented. The counsel for the defendants continued to ask for time for filing written statement. Several opportunities were granted by the learned trial Court for the purpose, as would be clear from the proceedings in the suit. Ultimately on 8.8.1994, the defendants and their counsel remained absent, and therefore, the case was fixed for recording ex -parte evidence. After a few adjournments, evidence was recorded and ex -parte judgment and decree were passed on 17.4.1994. Thus, almost for a period of 10 years, after the service of notice of the suit on the defendants, the case lingered on without any progress. The defendants, duly represented by their counsel, sought umpteen opportunities to file written statement without availing of the same.