Judgment

( 1 ) LEAVE granted.

( 2 ) HEARD on merits.

( 3 ) A suit for specific performance was filed by the respondent, M/s Iyengar consultancy Services Pvt. Ltd. , against the appellant United Commercial Bank in the Delhi High court. The suit was listed on 29/7/1988 for filing documents and their admission or denial, when the defendant-Bank remained absent. It wasthen listed before the learned Single Judge of the High court on 12/8/1988, when the defendant was again absent. The learned Single Judge proceeded ex parte against the defendant on that date and the suit was then listed on 9/9/1988 as a short-cause for final disposal. On that day also, none appeared for the defendant in the suit. Accordingly, the learned Single Judge decreed the suit ex parte on that date. Thereafter on 9/10/1988, an application for setting aside the ex parte decree was made under Order IX Rule XIII Civil Procedure Code by the defendant- banks counsel Shri A. N. Tewari, supported by his own affidavit. That application was dismissed by the learned Single Judge on 6/7/1989. Thereafter, a review application was filed by Shri A. N. Tewari, which too was dismissed on 31/7/1991. It was only thereafter that the