Pratap Krishna Lohra, J. - (1.) THE appellant, Indusind Bank Ltd., is a company incorporated under the Companies Act, 1956 and licensed as a Bank under the Banking Regulation Act, 1949, has laid this appeal under Order 43 Rule 1(d) of the Code of Civil Procedure (for short, 'CPC') to assail the order impugned dated 11th December, 2014 passed by the learned Additional District Judge No. 1, Bhilwara. By the order impugned, learned Court below has turned down the application of the appellant -Bank under Order 9 Rule 13 read with Section 151 CPC for setting aside the ex -parte judgment and decree dated 21st October, 2013.
(2.) SUCCINCTLY stated the facts of the case are that respondent -plaintiff instituted a civil suit against the appellant -Bank for recovery of a sum of Rs. 3,50,000/ - before the learned Court below. After service of summons on the appellant -Bank, none appeared on its behalf, and therefore, the Court proceeded ex -parte on 24th October, 2009. The ex -parte proceedings for the suit continued for almost four years and finally ex -parte decree in favour of respondent -plaintiff was passed on 21st October, 2013. While passing the ex -parte decree, the learned Court below has recorded a finding that summons are duly served on the appellant on 31st July, 2009. In order to set aside ex -parte decree, appellant moved an application before the learned Court below under Order 9 Rule 13 CPC on 27th October, 2014. In the application, it is, inter alia, averred that after receiving summons, the authorized representative of the Bank, Mr. Ravindra Singh Jhala, entrusted brief to advocate, Mr. Rameshwar Lal Jat, and in turn the concerned advocate has assured the authorized representative of the Bank that he would appear and plead the cause of the Bank before the Court. It is also pleaded that despite entrustment of brief to the concerned advocate, he has not appeared before the learned Court below, and therefore, the Court proceeded ex -parte and eventually decreed the suit.
(3.) CERTAIN facts concerning the authorized representative, Mr. Ravindra Singh Jhala, are also incorporated in the application that he has resigned from the Bank in January, 2010. The Bank has categorically averred, in the application, that its Bhilwara Branch came to know about the ex -parte decree through letter dated 22nd September, 2014 issued by the Court, which was received by the branch concerned on 25th September, 2014. It is further pleaded, in the application, that subsequent to that the Legal Manager, Bhilwara Branch, with one lawyer made endeavor to obtain certified copy and thereafter, from the date of knowledge, this application for setting aside ex -parte judgment and decree is being filed. The application is duly supported by an affidavit of the authorized signatory of the Bank.;