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2009 Supreme(J&K) 343

MUZAFFAR HUSSAIN ATTAR
Ali Mohd. Haroon – Appellant
Versus
J&K Bank Ltd. , – Respondent


Advocates Appeared:
Advocate For Appellant: Khan Manzoor Ali
Advocate For Respondent: J. Iqbal
Advocate For Respondent: J.A. Kawoosa

1. This Civil 1st Miscellaneous Appeal is filed against order dated 04th of October, 2006 passed by learned Principal District, Judge Budgam vide which the application of the appellant seeking setting aside of the ex-parte decree as also Condonation of delay application were rejected by one composite order.

2. A civil original suit was instituted by respondent no.1 against the appellant Ali Mohammad Haroon and some other persons for recovery of amount of Rs. 3,72,867.95 (rupees three lacs seventy two thousand eight hundred sixty seven and ninety five paise only) before this Court. The suit was transferred to the court of learned Principal District, Judge Budgam. An ex-parte decree was passed on 25th of June, 2001 in favour of the respondents (plaintiffs) and against the appellant (defendant) for an amount of Rs. 3,72,867.95 (rupees three lacs seventy two thousand eight hundred sixty seven and ninety five paisa only) with interest at the rate of 14% per annum pendente lite and future interest along with costs.

3. It appears that application seeking condonation of delay was filed by appellant before learned Principal District, Judge Budgam and along with application seeking cancellatio


































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