(1.) - The defendant in the suit has taken out this application for recalling the judgment and decree dated 15 June, 2015 passed in the suit. The decree was passed ex parte when the suit appeared in the undefended list since the defendant had failed to file its written statement.
(2.) Ld. Counsel for the plaintiff has taken a preliminary objection to the maintainability of the application. He contended that the decree was completed, perfected, drawn up and filed prior to the instant application being filed and as such this Court has no jurisdiction to entertain the instant application for recalling of the decree. On merits of the application, Ld. Counsel contended that the explanation given by the defendant for not filing the written statement and/or not being able to contest the suit is unacceptable and as such the application should be dismissed.
(3.) Two points, therefore, arise for consideration of this Court in the instant application. Firstly, whether or not this Court retains the jurisdiction to entertain the instant application after completion, perfection and filing of the decree. Secondly, if it be held that this Court has jurisdiction to entertain the application, has the defendant made out a sufficient cause for recalling of the decree?