RAGHBIR SINGH Vs. NEW BANK OF INDIA

JUDGEMENT

(1.) The present revision-petition arises out of an order passed by the learned trial court on 16.10.1989, whereby an application filed by defendants No. 1 to 3 and 5 to 7 the present petitioners, under Order 9 Rule 13 of the Code of Civil Procedure, for setting aside of the exparte judgement and decree dated 17.08.1989, was dismissed. The appeal against the aforesaid order was also dismissed by the learned District Judge on 15.04.1993. The said order is also subject matter of challenge in the present revision-petition.

(2.) The learned trial court dismissed the application for setting aside the ex-parte decree dated 17.08.1989, on the ground that the defendants had not led any evidence though number of opportunities CR No. 2300 of 1993 2 were afforded to the said defendants-applicants. During the course of hearing before this court on 30.08.2010, the learned counsel for the petitioners, sought some time to find out, as to whether the petitioners would be ready and willing to deposit Rs. 10 lacs as a condition precedent for setting aside the exparte decree. It may be stated that the plaintiff-respondent has filed suit for recovery of Rs. 8,56,921.31/- which was decreed. Today learned counsel for the petitioners, has pointed out that a sum of Rs. 1,50,000/- was deposited by the petitioners on 05.07.2010, while seeking to settle the account with the plaintiff. It is pointed out by the learned counsel for the petitioners that another sum of Rs. 8,50,000/-, shall be deposited within six weeks from today and on such deposit, the petitioners, should be permitted to contest the suit on merits.

(3.) Mr. Sahni, learned counsel, representing the plaintiff/respondent No. 1, has no objection to the setting aside of the ex-parte judgement and decree, provided an amount of Rs. 10,00,000/- is deposited within six weeks from today.