HIMACHAL LITHOGRAPHERS` Vs. PUNJAB AND SINDH BANK

JUDGEMENT

(1.) The above-noted application has been made by the applicants under Sections 151, 152 and 153, Code of Civil Procedure, for recalling and correcting the order dated 29.3.1998 passed by the Court dismissing the Civil Review Petition No. 1 of 1998.

(2.) Briefly stated, the facts leading to the making of the present application are these. The Respondent-Punjab and Sindh Bank was granted a decree on 13.8.1984 against the present applicants for the recovery of Rs. 1,50,526.17 paise with costs and further interest from the date of the suit till the date of realisation of the amount at the rate of 15% per annum in Civil Suit No. 37 of 1984. Such decree was passed ex parte against the applicants, who were Defendants in the said suit. The applicants, thereafter, applied under Order 9, Rule 13, Code of Civil Procedure, for the setting aside of the ex parte judgment and decree dated 13.8.1984. Such application was dismissed by a learned Single Judge of this Court on 19.12.1985.

(3.) The Respondent-Bank sought to enforce the decree for the recovery of the decretal amount by way of an execution petition, being Ex. P. No. 6 of 1985. Such execution application, however, was dismissed as not satisfied on 22.7.1987.