AAKRUTI CERAMICS PVT LTD Vs. DENA BANK

JUDGEMENT

(1.) The revisionists challenge the order of City Civil Court dated 1st July, 2001 passed in Civil Misc. Application No.857/2000 preferred for setting aside an exparte decree passed in Summary Civil Suit No.824/1998 requiring the revisionists to deposit an amount of Rs. 5 Lacs, or to furnish a bank guarantee of the like amount as against the suit amount of Rs.4,91,570/-.

(2.) Brief facts of the case are that the respondent herein filed Summary Civil Suit No.824/1998 before City Civil Court for recovery of Rs.4,91,570/- against the revisionists. The revisionists were served by public notice in the newspaper, to which they did not respond and ultimately, the decree was passed. The revisionists thereafter preferred Civil Misc. Application No. 857/2000 for setting aside the said decree contending that they were unaware about filing of the suit and the summons was not served on them and summons by public notice was not noticed by them. The trial Court accepted those contentions and set aside the decree conditionally, requiring the revisionists to deposit Rs.5 Lacs, or furnish a bank guarantee of the like amount. Aggrieved by the said order, present revision application is preferred.

(3.) Heard the learned advocates for the parties.