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1994 Supreme(MP) 906

D.P.S.CHAUHAN
Cooltech Industries – Appellant
Versus
Dena Bank – Respondent


ORDER

D.P.S. Chouhan, J.

1. The revision application is directed against the order dated 27-9-1993 passed by the 1st Additional District Judge, Raipur on the application of the applicants moved under Order 41, Rule 5 of the Code of Civil Procedure read with Section 151 of the Code of Civil Procedure.

2. Brief facts are that: The opposite party Dena Bank filed a suit for a claim against the applicants under Order 37, Rules 1 and 2 of the Civil Procedure Code. The procedure is given is Rule 3. According to the procedure, summons were served on the defendants in the suit. Except defendant No. 3 none appeared. The decree was passed. When the decree was put to execution, the applicants moved an application under Order 9, Rule 13 of the Civil Procedure Code for setting aside the decree, which was an ex parte decree so far as they were concerned. The application for setting aside the decree is pending for consideration. When decree was set in motion by means of execution, the applicants moved the trial Court for staying the execution of the decree for the duration the application under Order 9, Rule 13 is decided. The trial Court rejected the application vide order dated 27-9-1993. Against t








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