RIMPY ENTERPRISES Vs. PARVEEN LATA

JUDGEMENT

(1.) Challenge in the present petition is to the order dtd. 3/4/2023 (Annexure P-18) passed by learned Addl. Civil Judge (Sr. Divn.), whereby, the applications filed by the petitioners-defendants, under Order 21 Rule 26 CPC and for recalling the order dtd. 15/2/2023, vide which, non-bailable warrants had been issued, were dismissed.

(2.) The background facts, as culled out, from the paperbook, are that, initially, Parveen Lata (since deceased) had filed a suit for recovery of Rs.43,19,535.00 along with interest against present petitioner, on the allegations that the petitioners-defendants used to purchase cotton from the respondent-plaintiff and after adjustment, an amount of Rs.49,45,381.00 was due on 31/3/2016, which had not been paid by the petitioners-defendants.

(3.) Even though, fact of business dealings, as such, has not been disputed, but however, it was claimed by the present petitioners that settlement had reached between the parties, in the shape of Canter and land and in this regard, a writing was also given by the respondent-plaintiff. Without mentioning the fact of settlement, so reached, the respondentplaintiff had filed suit for recovery. In this context, when the petitioners-defendants met the respondent-plaintiff, they were apprised that the summons have been wrongly issued and the matter has already settled between them and respondent-plaintiff shall withdraw the suit. On this assurance, the petitioners-defendants, did not make appearance, but however, suit was not withdrawn and consequently, ex-parte decree was passed on 31/10/2019 against the petitioners-defendants.