AGRO FEB Vs. BANK OF INDIA

JUDGEMENT

(1.) BEING aggrieved by the order dated 24-4-2000 passed in MJC No. 6/99, by VIIIth Add1. District Judge, Bhopal, whereby the application filed under order IX Rule 13, CPC for setting aside the judgment and decree dated 12-3-96 passed in Civil Suit No. 4-A/87 by IVth Addl. Judge to the Court of District judge, Bhopal, has been dismissed, the present appeal has been filed.

(2.) SHORT facts of the case are that the respondent No. 1 filed a suit against the appellant and respondent No. 2 for realisation of Rs. 2,26,602. 42 which was registered as Civil Suit No. 4-A/87. In the aforesaid case appellant appeared and submitted his written statement. Lateron, the case proceeded ex parte against the appellant w. e. f. 29-4-94 as the appellant and his Counsel remained absent. Thereafter, on 12-3-96 the case was decreed ex parte with a direction to pay a sum of Rs. 2,26,602. 42 along with interest @ 12% p. a. On 16-12-98, the appellant moved an application under Order IX Rule 13, CPC, alleging that the appellant was not well right from the year 1994, therefore, he could not appear before the Court and the case proceeded in ex parte. The application was supported by the affidavit along with medical certificates.

(3.) THE learned Trial Court dismissed the application on the ground that the application filed by the appellant is barred by limitation.