YUMNAM BHEIGYA SINGH Vs. SOUBAM DEBAJIT SINGH

JUDGEMENT

(1.) Heard Mr. K. Achouba, learned counsel appearing for the petitioner and Mr. A. Golly, learned counsel appearing for the respondents.

(2.) The Civil Revision Petition has been filed under Sec. 115 of CPC to set aside the order in Judl. Misc. Case No. 191 of 2010 renumbered as Judl. Misc. Case No. 73 of 2012. The present petitioner is the judgment debtor. The respondent filed a suit for recovery of money under Order XXXVII of the CPC and in that the suit summon was served on the petitioner/defendant and vakalatnama was filed on 27 Oct., 2006 and the advocate appeared on the next hearing on 11/1/2007.

(3.) Thereafter, the case was taken up for hearing and the advocate who appeared for the present petitioner/defendant failed to appear before the Court, as a result of which, the defendant was set ex parte on 18/1/2007 and thereafter, the ex parte decree was passed on 19/3/2007 and further, steps were taken for execution of the decree. Thereafter, on 13/9/2010, an application was filed under Sec. 5 of the Limitation Act read with Sec. 151 of the CPC in Judl. Misc. Case No. 191 of 2012 to set aside the ex parte decree dtd. 19/3/2007 passed in Money Suit No. 4 of 2006.