PUNJAB BEVERAGES PVT. LTD. Vs. G.T. AGENCIES

JUDGEMENT

(1.) CLOSELY related family members, who were working together in a concern known as 'Coca Cola' are litigating in this case, one of which has got an ex -parte decree in his favour for recovery of an amount approximately Rs.five crores. The petitioner would cry foul and say that this has been obtained by a fraud which is apparent on the face of the record and the same would need to be rectified immediately by this Court while exercising jurisdiction under Article 227 of the Constitution of India, Values in our society have undergone a sea -change and it is money which seems to have foremost consideration. It matters not if in the bargain one puts at stake close relatives, like brother, sister or in -law.

(2.) A simple application seeking direction for the court, which is dealing with an issue of setting -aside ex -parte decree and judgment, has led to an interesting and a significant debate in regard to scope of Article 227 of the Constitution of India specially in the background where allegations of fraud are made.

(3.) AT issue is an ex -parte decree dated 23.12.2005 passed in favour of respondent M/s G.T. Agencies, a registered partnership firm having its office at Show Room No. 51, Sector 26, Madhya Marg, Chandigarh for recovery of Rs. 5,67,54,376 -29P. Petitioner alleges that this decree has been obtained by fraud and would refer to the facts here -in -after noticed in support of the allegations. The petitioner on coming to know about the same has filed an appeal against this ex -parte decree through which recovery of above -noted amount of more than Rs. 5 -1/2 crores is allowed. Petitioner claims that the appeal is filed within thirty days of acquiring the knowledge about the decree and thus this appeal is instituted within time. It is stated that as a matter of abandoned precaution, the petitioner has filed an application under Section 5 of the Limitation Act seeking condonation of delay of 455 days, though the appeal is otherwise within a period of limitation from the date of knowledge of the decree. On 24.8.2007, District Judge, Chandigarh has framed issue whether there is sufficient ground to condone delay in filing the appeal and fixed the case for evidence. The petitioner felt aggrieved against the same and has invoked the jurisdiction of this Court under Article 227 of the Constitution for setting -aside of the order dated 24.8.2007 as referred to above. The grievance is that the application seeking condonation of delay filed under Section 5 of the Limitation Act would not need any oral evidence for the purpose of being decided as according to the petitioner, the facts in this case are so glaringly apparent from the record indicating fraud and which are not in much dispute and so would not require any adjudication but an order condoning the delay paving way for deciding the appeal on merits.