SANGRAM SINGH Vs. MANAGER, J&K BANK LTD
LAWS(J&K)-1993-3-7
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 24,1993

SANGRAM SINGH Appellant
VERSUS
Manager, JAndK Bank Ltd Respondents

JUDGEMENT

- (1.)ON what date is a defendant required to show sufficient cause for his non -appearance while seeking setting aside of an exparte decree passed against him? Is it the date when exparte proceedings were first taken against him or the intervening dates till exparte decree was passed or the actual date when the decree was passed? In other words, is he required to explain his absence the date when the decree was passed or the dates previous to that?
(2.)THIS interesting question arises in this, revision petition filed by the petitioner whose injunction suit was first decreed exparte by the ,trial court, but subsequently set aside on defendants application and after the , court felt satisfied about .the sufficient cause shown by him for his absence On the date exparte decree was passed i.e. 10 -8 -1990.
(3.)THE record reveals that defendant (respdt) was set exparte on Feb. 19, 1990 and thereafter petitioners evidence was recorded on March 22, 1990 and the suit adjourned for April 9, 1990 May 9, 1990, May 21, 1990 June 1, 1990 July 7, 1990 July 16, 1990 and July 17 1990 Matter was finally heard and exparte decree passed in favour of petitioner and against the defendant (respondent) On Aug 10,990
It also comes out from the record that defendant (respondent) filed an application for setting aside the exparte proceedings on July 16,1990 which was dismissed in default of his appearance. He, thereafter, filed another application for setting aside exparte decree on Sept. 9, 1990 and took the plea that his counsel was busy on August 10, 1990 in connection with the marriage ceremony of his sister -in -law.



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