RE: GA/3/2024
GA/3/2024 is an application by the review applicant for recalling of the
order dated 18th August, 2023 by which the review application with the
application for condonation of delay in filing the review application being
GA/1/2023 were dismissed for default and restoration of the review along with
the said application for condonation of delay to its original file and number.
GA/2/2024 is an application for condonation of delay in filing the said
restoration application.
The matter has a chequered history.
The review applicant is the defendant in a suit being CS No.58 of 2014.
The review applicant suffered a decree on 7th January, 2016. Contending that
the said decree is an ex parte decree, the review applicant challenged the same
under the provisions of Order IX Rule 13 of the Code of Civil Procedure, 1908
(hereinafter referred to as ‘CPC’). The said application being GA/61/2017 was
dismissed by an order dated 13th April, 2017. The said order was challenged in
an appeal which was dismissed on 19th June, 2017. Challenging the said
appellate order a Special Leave Petition was filed which was dismissed on 27 th
October, 2017. After dismissal of the Special Leave Petition, the review
applicant filed a regular appeal challenging the decree dated 7 th January, 2016
with a prayer for condoning the delay in preferring the appeal. The application
for condoning the delay in preferring the appeal was numbered as GA No.237
of 2018. The said application for condonation of delay in preferring the appeal
was dismissed by a judgment and order dated 6 th December, 2018 and as such
the appeal was not taken up for consideration on merit.
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