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2016 Supreme(Raj) 887

ARUN BHANSALI
Rom Industries Ltd. – Appellant
Versus
Firm M/s Sugan Chand Hanuman Das – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. G.R. Goyal
For the Respondent: Mr. Arpit Bhoot

JUDGMENT :

Arun Bhansali, J.

This appeal under Order 43, Rule 1 (d) C.P.C. has been filed by the appellants aggrieved against the order dated 30/4/2016 passed by the Addl. District Judge, Anoopgarh District Sriganganagar, whereby, the application filed by the appellants under Order 9, Rule 13 CPC for setting aside the ex-parte decree dated 30/7/2008 has been rejected.

2. A money suit seeking recovery of a sum of Rs. 2,85,452/- along with interest amounting to Rs. 3,63,443/- was filed by the respondent firm against the appellants before the District court, Anoopgarh. The suit was decreed ex-parte on 30/4/2008, whereby, the trial court ordered for payment of a sum of Rs. 2,85,452/- to the respondent firm and awarded interest at the rate of 6% p.a. w.e.f. 18/1/2001.

3. An application under Order 9, Rule 13 CPC was filed by the appellants on 11/8/2011 along with an application under Section 5 of the Limitation Act seeking condonation of delay for setting aside the ex-parte judgment & decree dated 30/7/2008. It was claimed that the appellants did not receive the summons in the suit and, therefore, they were precluded from appearing before the court and hence could not defend the suit. It wa














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