- (1.) CONCISELY , the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, are that, initially, respondent -plaintiff -decree holder United India Insurance Company Limited (for brevity "the DH") has instituted the civil suit for a decree of recovery of Rs. 60250/ - against Rana Transport Company, through its proprietor, petitioner -defendant -judgment debtor (for short "the JD") on account of damage caused to it by misappropriation of 600 bags of rice by the defendant -company. Since the JD did not appear to contest the main suit despite service, so, the ex parte proceedings were ordered against him by the trial Court.
(2.) HAVING completed all the codal formalities and taking into consideration the entire evidence on record, the trial Court decreed the suit of plaintiff -DH, by means of judgment and decree dated 31.10.2003 (Annexure P3).
(3.) THE petitioner -JD has neither moved application for setting aside the ex parte decree (Annexure P3) nor filed appeal against it nor paid the decretal amount. It necessitated the DH to file the execution petition. The objection -petition filed by the JD was dismissed by the executing Court, by virtue of impugned order dated 22.5.2011 (Annexure P2). Aggrieved by the order (Annexure P2), the JD filed the appeal along with the application for condonation of delay of 21 months in filing the appeal. The appellate Court dismissed the appeal and the application, by way of impugned order dated 2.9.2013 (Annexure P1).;