ASOK KUMAR GANGULY, DEBIPRASAD SENGUPTA
WEST BENGAL STATE ELECTRICITY BOARD – Appellant
Versus
GILLORAM GOURI SHANKAR – Respondent
( 1 ) THIS appeal, at the instance of West Bengal state Electricity Board (hereinafter referred as the 'board') was filed impugning a judgment and order dated 25th February, 2003 passed by a learned Judge of this Court in GA. No. 2427 of 2002 arising out of Suit No. 322 of 1993.
( 2 ) BY the said order under appeal, the learned Judge rejected the application which contained several prayers.
( 3 ) IN the said application there is a prayer for condonation of delay in applying foe setting aside the ex parte decree dated 15th January, 2001 passed in Suit no. 322 of 1993. There is also a prayer for setting aside that decree. Prayer was also made for setting aside the order dated 20th January, 2002 passed in the execution application being G. A. No. 6 of 2002 and the dismissal of the execution proceeding.
( 4 ) THE learned Single Judge held, and in our view rightly, that if the prayer for setting aside the ex parte decree is allowed, the rest of the prayers are consequential and therefore, the learned Single Judge considered both the prayers for condoning the delay in applying for setting aside the ex parte decree and also the prayer for setting aside the decre
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