JUDGMENT

Manoj Kumar Ohri, J. By way of present appeal filed under Order 43 Rule 1(d) & Section 104 CPC read with Section 151 CPC, the appellant has assailed the order dated 23.03.2019 passed by the Trial Court, whereby its application filed under Order IX Rule 13 CPC was dismissed.

2. Learned counsel for the appellant contended that learned Trial Court failed to appreciate that the appellant was prevented by sufficient cause from appearing in the matter. In the underlying application, the appellant has explained that after being served with the summons in the suit, it duly appeared through counsel and even filed the written statement albeit, belatedly. The appellant's counsel after initial appearance stopped appearing without any intimation to the appellant. These facts came to the knowledge of the appellant on 03.07.2018, when it was served with the summons in the execution petition.

3. Per contra, learned counsel for the respondent submitted that the explanation provided in the application is vague and insufficient. Further, the averments made in the application itself are incorrect inasmuch as the appellant was continued to be represented even after the aforesaid counsel had l