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CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Shobha Kateliha and Another v. State Bank of India and Others
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| 1. context of the appeal and facts surrounding the ex parte decree. (Para 1 , 3 , 4 , 5 , 6 , 18) |
| 2. arguments presented regarding lack of notice and procedural irregularities. (Para 16 , 19 , 20 , 28 , 30) |
| 3. court's observation concerning service of notice and its impact on jurisdiction. (Para 21 , 22 , 24 , 27 , 29) |
| 4. final conclusion and conditions placed for setting aside the decree. (Para 25 , 33 , 36) |
1. This miscellaneous appeal is filed by the appellants / defendants under O.43 R.1 of the Code of Civil Procedure against the order dated 17-10-2008 passed by the District Judge, Bilaspur in M. J. C. No. 29/2008, which in turn arises out of the judgment and decree dated 21-2-2003 passed in Misc. Civil Case No. 100/1998.
2. By the impugned order, the learned District Judge, Bilaspur dismissed the application made by the defendant Nos.1 and 2 / judgment debtor Nos.1 and 2 under O.9 R.13 of the CPC and in consequence declined to set aside the final decree proceeding dated 21-2-2003 in Civil Suit No. 5 - B / 1993.
3. So the short question that arises in this appeal is, whether the learned District Judge was justified in dismissing the application made by the defendant
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