MOHAN MEAKINS LIMITED Vs. S. SOMESH & COMPANY

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) PRESENT applications, under Order 9 Rule 13 CPC and Section 5 of the Limitation Act, have been filed by Mrs. Indu Kapahi and Somesh Kapahi, who were defendants No.5 and 6 in Civil Suit No.46 of 1998, and against whom, alongwith other defendants, i.e. defendants No.1 to 4 and 7, an ex-parte decree had been passed on 8.7.1999.

(3.) THE applicants in their application, under Order 9 Rule 13 CPC, have stated that they were not served in connection with the proceedings taken out by this Court for making the award Rule of the Court and, therefore, the ex-parte decree is liable to be set aside. Their further plea is that though they came to know about the passing of the ex-parte decree in July-August, 2002 when they received notices regarding execution from Bombay High Court to which the decree was transferred by this Court for execution, yet a lot of time was spent in procuring the copies of the relevant papers from this court, then searching for other record from their own office and consulting the Accountant to know about the exact nature of the dispute and finally the application was moved on 5.1.2004.