DALIP SINGH, J. - (1.) HEARD learned Counsel for the parties and perused the impugned order passed by the learned trial court dismissing the application filed under Order 9 Rule 13 C.P.C. The decree was passed ex -parte against the appellant on 20.03.2003 for a sum of Rs. 3,17,040/ - with interest.
(2.) THE appellant's case is that the appellant was not served with the notice as the notices were sent on the address which the appellant had left and proceeded to Lucknow and was residing at Pan Dariba Road, Charbagh, Lukhnow and, therefore, no effective service was made on the appellant -defendant and the decree was passed ex -parte. The learned trial court has not found favour with the appellant and, hence, this appeal. This Court does not want to go into the merits of the aforesaid contentions. Suffice it to say that in the Sogani Brothers v. Kuwait Airways Corp., interest of justice one opportunity for contesting the suit on merits is given to the appellant on the condition that the appellant -defendant shall deposit 50% of the decreetal amount with the learned trial court and shall submit a solvent security for the balance 50% of the decreetal amount to the satisfaction of the learned trial court within a period of eight weeks from today.
(3.) THE parties are directed to appear before the learned trial court on 13.07.2009. No further notice need be issued to the parties. The learned trial court will afford an opportunity to the defendant -appellant to file written statement which shall be filed on the next date fixed i.e. on 13.07.2009 and no further adjournment may be granted for this purpose.;