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1995 Supreme(Del) 635

MOHD.SHAMIM
UNION OF INDIA – Appellant
Versus
RAJ KUMAR SAWHNEY – Respondent


Advocates Appeared:
B.K.AGARWAL, MOHINDER SINGH

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MOHD. SHAMIM

( 1 ) THE petitioners through the present revision petition have taken exception to the judgment and decree dated February 22. 1994 passed by Shri P. K. Bhasin, Additional District Judge. Delhi where by he dismissed the application moved by the petitioners for leave to defend and decreed the suit for recovery of a sum of Rs. 4. 95. 144. 00 against the petitioners, in favour of the respondent with interest at the rate of 10%% per annum from the date of the filing of the suit till the date of realisation of the decretal amount.

( 2 ) BRIEF facts which gave rise to the present petition are as under: that the respondent/plaintiff (hereinafter referred to as the respondent for the sake of convenience) filed a suit under Order XXXVII of the Code of Civil Procedure against the petitioners/ defendants (hereinafter referred to as the petitioners in order to facilitate the reference ). The petitioners herein moved an application for leave to defend under Order XXXVII R. 3 of the Code of Civil Procedure ("the Code" for short ). The said application was dismissed by the learned lower court vide the impugned judgment and order.

( 3 ) AGGRIEVED and dissatisfied with the said judgment

























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