LAWS(J&K)-2009-8-7

ALI MOHAMMAD HAROON Vs. J AND K BANK

Decided On August 17, 2009
Ali Mohammad Haroon Appellant
V/S
J And K Bank Respondents

JUDGEMENT

(1.) THIS Civil 1st Miscellaneous Appeal is filed against order dated 4th of October, 2006 passed by learned Principal District Judge, Budgam vide which the application of the appellant seeking setting aside of the ex parte decree as also condonation of delay application were rejected by one composite order.

(2.) A civil original suit was instituted by respondent No.1 against the appellant Ali Mohammad Haroon and some other persons for recovery of amount of Rs. 3,72,867.95 (rupees three lacs seventy two thousand eight hundred sixty seven and ninety five paise only) before this Court. The suit was transferred to the Court of learned Principal District Judge, Budgam. An ex parte decree was passed on 25th of June, 2001 in favour of the respondents (plaintiffs) and against the appellant (defendant) for an amount of Rs. 3,72,867.95 (rupees three lacs seventy two thousand eight hundred sixty seven and ninety five paisa only) with interest at the rate of l4 1/2% per annum pendente lite and future interest along with costs.

(3.) THE case of appellant as set up in the application is that he did not receive any notice for institution of the suit having been issued against him from the trial Court as he had shifted to Delhi and was not living at the address shown in the suit.