BHUTORIA VALVE UDYOG LTD Vs. BISWANATH JHUNJHUNWALLA

JUDGEMENT

(1.) The Court : This is an application in the nature of Order 9 Rule 13 of the Code of Civil Procedure for recalling and or setting aside the decree dated 13th May, 1998, passed in Suit No. 494 of 1991 along with prayer for condonation of dealy, if any, also for further or other reliefs in connection thereto.

(2.) The decree was passed as aforesaid on 13th May, 1998, while the application was filed on 15th June, 1998 as available from the record. However, although the application was not made within the prescribed period of one month time but the court accepted the explanation as given in the Supplementary Affidavit and condoned the delay, if any, in makng such application.

(3.) Therefore, the other questions are open only in respect of maintainability of the application as well as sufficient cause as to the question of recalling and/or setting aside the decree dated 13th May, 1998.