JUDGMENT :

[Chandra Dhari Singh, J.]

I.A. 20920/2022 (Under Order IX Rule 13)

1. The instant application under Order IX Rule 13 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter as “CPC”) has been filed on behalf of the applicant seeking setting aside ex-parte decree dated 11th November, 2022 passed by the predecessor of this Court in CS(OS) 1239/2008 and CS(OS) 1240/2008.

2. For the sake of convenience, the nomenclature of the parties will, hereinafter, be used as “applicant” for defendant and “non-applicant” for plaintiff.

3. The plaintiff/non-applicant filed the suit bearing no. CS(OS) 1239/2008 and CS(OS) 1240/2008 seeking recovery of Rs. 3,15,57,680/- (Rupees Three Crores Fifteen Lakhs Fifty Seven Thousand Six Hundred and Eighty Only) and Rs. 1,54,43,120/- (Rupees One Crores Fifty Four Lakhs Forty Three Thousand One Twenty Only) along with pendent lite and future interest.

4. The applicant had filed written statements in both the suits in response to the plaint. Since the aforesaid recovery suits were based on alleged identical transactions, the said suits were consolidated vide order dated 1st May, 2019 passed in the aforesaid suits.

5. Ms. Anusuya Salwan