Dalip K. Kapur, J.

( 1 ) THERE are two appeals before the Court. R. F. A. (OS.) 28/82 and FAO (OS) 88/82. The Regular First Appeal was filed within the period of limitation and was directed against the exparte judgment recorded by the learned Single Judge on 5th March 1982 decreeing the suit for Rs. 1,41,665. 77 with interest, cost etc.

( 2 ) AFTER this the defendant-appellant filed an application under Order 9 Rule 13 and Section 151 of the Code of Civil Procedure for setting aside the exparte decree on 5th March 1982 itself. It was supported by the affidavit of the learned counsel for the defendant Mr, H. S. Dhir. In that application it was claimed that the counsel for the appellant/defendant could not appear because he was appearing before a Division Bench where arguments concluded at 12. 10 p. m. and when he reached the Court of the learned Single Judge he found that the suit had already been decreed exparte. This application was dismissed by an order dated 16th April 1982 In the order it was held that the defendant had failed to show sufficient cause for nonappearance on 4th and 5th March, 1982 and hence the application was difmissed.

( 3 ) WHEN the Regular First Appeal came b

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