MOHD. IDREES Vs. RAFEEK KHAN

JUDGEMENT

(1.) The present Petition has been filed challenging the Order Annexure P- 8 dtd. 14/3/2022 passed by the Appellate Court whereby the Appellate Court has upheld the Order dtd. 29/11/2018 of the Trial Court whereby the Trial Court had rejected an application under Order 9 Rule 13 of the C.P.C. as well as application under Sec. 5 of the Limitation Act for condonation of delay in filing the said application.

(2.) The necessary facts for the purpose of disposal of this Petition are that the Trial Court had passed a judgment and decree dtd. 19/12/2017 which was an ex parte judgment and decree and by the aforesaid decree, the Trial Court had directed recovery of an amount of Rs.8,50,000.00 from the Petitioner/Defendant.

(3.) It is contended by learned counsel for the Petitioner/Defendant that the Trial Court has erroneously rejected the application for condonation of delay under Sec. 5 of Limitation Act though the delay was not much after the judgment and decree dtd. 19/12/2017 and the Trial Court and the Appellate Court must have adopted pragmatic approach to condone the delay. The application for condonation of delay alongwith application for setting aside the ex parte decree was filed in July 2018 with a delay of almost six months.