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2009 Supreme(Del) 256

A.K.SIKRI, MANMOHAN SINGH
RIZZOLI/CORRIERE DELLA SERA QUOTIDIAN I S. P. A. – Appellant
Versus
DEVIKA CHITRA – Respondent


Counsel for the Parties:
For the Appellant:Mr. Sudhir C. Aggarwal, Sr. Adv. with Mr. S. Kumar, Mr. Anil Kumar and Mr. Pawan Bakshi, Advocates.
For the Respondent:Mr. Anun Mohan, Sr. Adv. with Mr. D.N. Sawhney, Mr. Arvind Bhatt and Mr. Ashok Gumani, Advocates.

JUDGMENT

A.K. Sikri, J.- The appellant is a foreign company which is incorporated under the laws of Italy. It has suffered ex parte decree dated 10.7.1996 and supplementary decree dated 6.5.2002 (again ex parte) in CS (OS) No. 2332/1989 filed against it by the respondents herein. Attempt of the appellant to get the said decrees set aside by filing an application under Order 9 rule 13 of the Code of Civil Procedure, 1908 (for short, CPC) read with Section 151 thereof has been unsuccessful. The learned Single Judge has dismissed that application vide order dated 26.10.2005. This order is the subject-matter of challenge in this appeal. The learned Single Judge, in the impugned order, has come to the conclusion that no sufficient cause is shown by the appellant seeking setting aside the ex parte decrees. We would like to mention that though in this appeal we are concerned with the validity of the order of the learned Single Judge, i.e. to determine as to whether there is sufficient cause to set aside these decrees, on many other related issues elaborate and lengthy submissions were advanced by the Counsel for both the parties. Even at the time of conclusion of the arguments, Counsel fo
















































































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