KAPIL DEV Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) Challenge in this appeal is order dated 27.10.2010 passed by Principal District Judge, Kathua whereby and whereunder applications filed by appellant (Kapil Dev-Judgment debtor) for setting aside exparte decree and judgment dated 16.04.2007 and for condonation of delay have been dismissed on the grounds taken in the appeal (for short, impugned order).

(2.) Respondents (Raghubir Singh and others-decree holders) filed civil suit for recovery of Rs.6.9 lacs with interest @ 12% per annum before District Judge, Kathua, which was decreed in exparte constraining appellant (Kapil Dev) to lay motion under Order 9 Rule 13 Code of Civil Procedure (for short, CPC) along with application for condonation of delay.

(3.) Plaintiffs-Respondents resisted the condonation application by medium of objections, which came to be dismissed vide order dated 27.10.2010 and, consequently, petition under Order 9 Rule 13 CPC was also dismissed being time barred.