- (1.) Heard learned counsels.
(2.) This appeal is directed against the order dated 1.2.2011, whereby, the application of the defendants under Order 9 Rule 13 CPC has been rejected by the learned trial court. The said application was filed for setting aside the ex-parte money decree dated 20/9/2004 which was passed upon contest by the defendants firm M/s Hopewell Agencies and present defendant appellants were proceeded ex-parte as according to learned trial court despite service of summons, the defendants did not put their appearance before the learned trial court. The said application under Order 9 Rule 13 CPC was filed after six years of the ex-parte decree against the defendants in the year 2010 when execution proceedings were pending in the learned Executing Court vide application no. 10/2005 filed on 2/3/2005.
(3.) Learned counsel for the defendant appellants, Mr. D.K.Gaur submitted that the said partnership firm was dissolved before the money transaction in question in the year 1997-98 and same summons were not even served on these partners, who had joined the firm on 1.4.1992, therefore, the ex-parte money decree against them deserves to be set aside.;