DILIP B JOSHI Vs. VIDYA SAHAKARI BANK LTD

JUDGEMENT

(1.) THIS petition raises a question whether or not section 5 of the Limitation Act is applicable to the application filed under O. 9 R. 13 of the' Code of Civil Procedure. THE FACTS :

(2.) THE facts giving rise to the present petition in nutshell are that a dispute came to be filed in the Maharashtra State Co-operative Court, puna; wherein written statement was filed by the opponents and proceedings were adjourned for framing issues and further hearing. One witness was examined in the said proceedings by the disputant. However, he could not be cross-examined by the counsel for the opponent as he was absent when the case was called out and examination-in-chief was recorded. The dispute came to be decided exparte.

(3.) ON 6. 3. 2002 petitioner was served with notice of demand by the award holder-Bank demanding amount of award awarded by the Co-operative Court. The petitioner) after acquiring knowledge of adverse decree on 14. 3. 2002, applied for setting aside exparte decree along with application for condonation 'of delay.