S M ABDUL HAQ SAHIB Vs. MADURA SOUTH INDIA CORPORATION PVT LIMITED
LAWS(APH)-1972-7-28
HIGH COURT OF ANDHRA PRADESH
Decided on July 14,1972

S.M.ABDUL HAQ SAHIB AND BROTHERS Appellant
VERSUS
MADURA SOUTH INDIA CORPORATION PVT. LTD. Respondents

JUDGEMENT

- (1.) This Civil miscellaneous appeal and the two revision petitions can be conveniently disposed of under a common order as the parties are same and they arise out of identical set of circumstances.
(2.) The first defendant on 30th of December, 1964, purchased A.P.K. 7263, a Bedford Lorry from the third defendant, who is a dealer. The plaintiff was the financier and defendants 2, 3, and 4 were the guarantors. The financial ultimately brought OS.No. 10/68 to recover the amount not only from the borrower but also from the guarantors. The other defendants contested the suit but not the third defendant. On conducting the trial and hearing the arguments of the parties, who participated in the proceedings, the court below passed a decree on 30/11/1968 against defendants 1 and 3 and exonerated defendants 2 and 4.
(3.) The third defendant filed I.A.No. 1140/70 to condone the delay in his filing an application for setting aside the ex parte decree passed against him. Along with it he filed an application to set aside the ex parte decree. He also filed I.A. No. 2618 of 1970 under Sections 151 to 153. Civil P.C. to amend the judgment and decree by deleting him as one of the judgment-debtors; in other words, to confine the decree only against the first defendant. The court below dismissed the two applications and rejected the unnumbered application to set aside the ex parte decree. C.R.P. No. 529/71 is against the dismissal of I.A.No. 2681/70 and C.M.A., No. 103 of 1971 is directed against the rejection of unnumbered application to set aside the ex parte decree. C.R.P.No. 530/71 is to revise the order of the lower court in I.A.No. 1140/70 refusing to condone the delay in his filing the application for setting aside the ex parte decree.;


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