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2022 Supreme(Del) 500

RAJIV SHAKDHER, POONAM A. BAMBA
Maini Scaffold Systems – Appellant
Versus
S. K. Jain Proprietor - Padmawati Metals – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Rohit Kumar Yadav, Mr. Gaurav Sarkar, Mr. Ankit Rao.
For the Respondents: Mr. S.S. Lingwal, Mr. Suchakshu Jain.

JUDGMENT :

Poonam A. Bamba, J.

1. The instant appeal has been preferred by the appellants under Section 104 of the Code of Civil Procedure, 1908 (“CPC”) read with Order XLIII rule 1(d) and Section 151 of the CPC against the order dated 21.01.2019 passed by the Ld. Single Judge in I.A. No. 2086-2087 of 2018 in CS(OS) No. 2222 of 2013 (“impugned order” in short). Vide impugned order, the Ld. Single Judge had dismissed the application filed by the appellants and the respondent No. 2 herein under Order IX rule 13 CPC for setting aside the ex-parte judgment/decree dated 15.01.2015 passed against them in CS(OS) No. 2222 of 2013.

2. Let me briefly mention the factual backdrop in which the present appeal came to be filed:

    i. Mr. S.K Jain, the respondent No. 1 herein had filed a suit bearing No. CS(OS) No. 2222/2013 for recovery of Rs 25,00,000/- along with pendente lite and future interest etc. against the appellant No. 1, the partnership firm and its partners i.e. the appellant No. 2 and the respondent No. 2 herein;

ii. summons vide order dated 18.11.2013, were issued to the defendants i.e

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