GOURANGO DAS Vs. NIRMAL KANTI BISWAS & ANR

JUDGEMENT

(1.) Leave is granted to the learned advocate-on-record of the appellant to rectify the defect in the memorandum of appeal in terms of the report of the Stamp Reporter.

(2.) The money suit was decreed ex parte on 31st March, 2008. This is not a case where the defendant applied for setting aside of the ex parte decree on the ground of non-service of summons. Admittedly, summons was served upon the defendant. The defendant appeared in the suit and he engaged his lawyer for contesting the said suit. Ultimately, due to non-appearance of the defendant in the said suit, the suit was decreed ex parte against the defendant/appellant.

(3.) It is only when notice relating to the execution case was served upon the defendant, the defendant came forward with an application for setting aside for ex parte decree. Such application was filed on 8th July, 2009. Since such application was filed beyond the prescribed period of limitation, the appellant filed an application under Section 5 of the Limitation Act for condonation of delay.