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DELHI HIGH COURT
NEENA BANSAL KRISHNA
National Small Industries Corporation Ltd. – Appellant
Versus
Equipment Conductors & Cables Ltd. – Respondent
| Table of Content |
|---|
| 1. challenge to ex-parte proceedings and issues. (Para 1 , 2 , 5 , 7) |
| 2. settlement details between plaintiff and defendants. (Para 3 , 4 , 6 , 10 , 12 , 25) |
| 3. arguments on continuation of suit against non-settling defendants. (Para 8 , 9 , 11 , 21 , 28) |
| 4. guarantor's liability in the context of a settlement. (Para 36 , 39 , 40 , 41 , 44) |
| 5. reframing of issues in the case. (Para 48 , 49) |
JUDGMENT
Neena Bansal Krishna, J.
I.A. 9870/2017
1. An application under Order XIV Rule 5(1) and (2) read with Section 151 Code of Civil Procedure, 1908 (hereinafter referred to as CPC) has been filed on behalf of defendant No.4 for reframing of the issues.
2. It is submitted in the application that the issues were framed ex-parte vide Order dated 07th May, 2015 against defendant No.4, three years after the suit was settled between the plaintiff and defendant No.1 to 3 and a compromise decree was passed on 04th September, 2012. The defendant No.4 filed an application for recall of the Order dated 07th May, 2015, but the same was disallowed vide Order dated 29th March, 2016. FAO (OS) 140/2016 was filed by the defendant No.4 which was allowed and the defendant No.4 was granted leave
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