JDA AND ANR. Vs. ISHWAR DASS

JUDGEMENT

(1.) Through this application the applicants seek condonation of delay in filing the appeal against the judgment and decree dated 28.1.2003 passed by the learned Additional District Judge, Jarnmu, whereby and where under the suit filed by the respondent-plaintiff has been decreed against the appellants-defendants for recovery of Rs. 1,30,525/- with interest at the rate of 9% per annum from the date of filing of the suit till its realization. The judgment and decree has been passed in ex parte.

(2.) The defendants-applicants in the application have stated that during the pendency of the suit they filed an application under Order 7 Rule 11(d) of the Code of Civil Procedure seeking rejection of the plaint for non-compliance of the mandate of Section 48 of J&K Development Act. The applicants have further stated that though they engaged the counsel in the case, but he did not inform the applicants about the proceedings of the case and they learnt about the passing of the impugned judgment and decree when the execution proceedings were filed and notice issued. The applicants have stated that the suit of plain-tiff-non-applicant was not maintainable in law, so no decree could have been passed. It is further pleaded that the delay in filing the appeal is neither intentional nor deliberate.

(3.) The plaintiff-non-applicant has filed the objections controverting the averments made in the application. It is further stated that the defendants-applicants had filed the application seeking setting aside the ex parte proceedings. The said application was allowed by the learned trial court subject to payment of costs, but thereafter the applicants did not appear in the case and ultimately the trial court passed the decree and judgment.