AJAY AGARWAL Vs. VINOD MEHTA
HIGH COURT OF DELHI
Click here to view full judgement.
Vipin Sanghi, J. -
(1.) By this order I propose to dispose of the aforesaid two applications.
First is filed by defendant No. 3 under Order 9 Rule 7 CPC for setting aside
the ex-parte decree/judgment dated 11.11.2002 whereas I.A. No. 3811/2003,
has been filed seeking condonation of delay in moving the first application.
(2.) After being served with the summons in the suit, the defendants
entered appearance on 5.11.1993 and filed written statement on 24.5.1994.
Issues in the suit were framed on 14.10.1996. On the same day, the court
fixed dates for trial as 29th, 30th, 31st August and 1st September 1999. The
matter was directed to be listed before the Joint Registrar on 14th February
1997 for scrutiny. Parties were given time to file additional documents, if
any, within six weeks. Thereafter, proceedings were taken before Joint
Registrar on 14th February 1997, 6.1.1998, 3.11.1998, 29.4.1999 and
2.7.1999. On none of these dates, defendants were present. Matter was listed
before court on 30th August 1999, which was the second date fixed for the
holding of the trial in the suit. On this date as well, there was no appearance
on behalf of the defendant. Matter was again called out on 31st August 1999.
None appeared for the defendants. The court then proceeded ex-parte
against defendants and the plaintiff was granted time to lead its ex-parte
evidence by way of affidavit of evidence within four weeks. It appears that
the plaintiff also repeatedly took time to file his ex-parte evidence on
affidavits. On 5th April 2000, the suit of the plaintiff was dismissed in
default by observing that the plaintiff had been granted repeated
opportunities for filing ex-parte affidavit by way of evidence and the lawyers
were abstaining from work. The plaintiff then filed LA. No. 4014/2000 for
restoration of the suit under Order 9 Rule 4 CPC. This application was
allowed on 9th May 2000. However, no notice of the fact of restoration of the
suit was issued to the defendants. The court granted further time to plaintiff
to lead ex-parte evidence by way of affidavit subject to payment of costs in
the Prime Minister's Relief Fund. Eventually, ex-parte evidence by way of
affidavit was filed by the plaintiff and the suit was heard and judgment
reserved on 16th August 2002, which came to be pronounced on 11th
November 2002 decreeing the suit of the plaintiff for a sum of Rs. 10,05,500/-
with costs and interest @ 12% per annum from the date of the judgment and
realization. No decree was passed against defendant No. 4.
(3.) Defendant No. 3 thereafter filed the aforesaid two applications apart
from I.A. No. 3814/2003 seeking stay of the execution. On 1st April 2003,
notice was issued on the applications and accepted by counsel for the
plaintiff. A conditional stay was granted in respect of the judgment dated
11th November 2002.;
Copyright © Regent Computronics Pvt.Ltd.