NARMADA CLUB REGD SOCIETY Vs. P K TARA

JUDGEMENT

(1.) This I.A. 4242/05 has been filed by the appellant under section 5 of Limitation Act for condoning the delay in filing the appeal against the impugned ex parte judgment and decree passed on 22-11-1993 and dated 24-11-1993 respectively by First Additional District Judge, Hoshangabad in C.O.S. No. 3-A/1992.

(2.) As per averments of it on having knowledge about said ex parte decree they filed an application dated 13-8-1994 under Order 9, Rule 13 of Civil Procedure Code (in brief 'CPC') for setting aside it such proceedings as M.J.C. No. 90/94 contested by parties and by order of the trial Court dated 17-12-1998 the same was dismissed on merits, on which M.A. 445/99 preferred by appellant was also dismissed vide order dated 19-10-2000 and order of trial Court was upheld. On which special leave petition was preferred before the Apex Court which was also dismissed vide order dated 19-8-2004 as Civil Appeal No. 641/03. Thus, the proceedings under Order 9, Rule 13 of Civil Procedure Code has come to an end and such decree was remained in force.

(3.) It is an admitted fact that till disposal of the aforesaid proceedings appellant had not preferred any regular appeal against the impugned decree as provided under section 96 of the Civil Procedure Code and only after exahusting the aforesaid remedy filed this appeal along with this application to condone the delay from the date of decree upto filing this appeal i.e. on 14-9-2004.