TIRUPATI FAB OILS Vs. ATUL JAIN

JUDGEMENT

(1.) By way of filing the instant appeal under Order 43 Rule 1(d) of CPC, the appellants have challenged the order dtd. 5/3/2024 passed by the learned Commercial Court, Ajmer, whereby, the application under Order 9 Rule 13 read with Sec. 151 CPC filed by the appellants for setting aside the ex-parte judgment and decree dtd. 2/12/2021, has been rejected.

(2.) Brief facts of the instant matter are that the respondent/plaintiff filed one civil suit for recovery of Rs.54,86,875.00 against the defendants before the learned Additional District and Session Judge No.1, Ajmer in the year 2014. Summons were issued in the aforesaid suit to the defendants, which were duly served upon them. On 19/8/2014, Advocates has put in appearance on behalf of the defendants to represent them. Written statement was filed on behalf of the defendants and issues were also framed by the Additional District and Sessions Judge No.1, Ajmer on 27/7/2016 and thereafter suit was posted for plaintiff's evidence.

(3.) The respondent/plaintiff submitted his evidence in the form of affidavits on 9/9/2016. Thereupon, opportunity was granted to the defendants for cross-examining the plaintiff's witness.