SBCMA No.521/2008
Snehlata Vs. Shree Charbhuja Finvest Pvt. Ltd.
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SBCMA No.521/2008
Snehlata Vs. Shree Charbhuja Finvest Pvt. Ltd.
DATE OF ORDER : - 24.9.2008
HON'BLE MR. PRAKASH TATIA, J.
Mr. Manish Pitaliya, for the appellant.
Heard learned counsel for the appellant.
The decree was passed by the trial court in civil
original suit no.44/2006 on 25th May, 2006 after service of
summons upon the defendant-appellant. The appellant
submitted application for setting aside of the ex-parte
decree dated 25th May, 2006 by filing application under
Order 9 Rule 7 and 13 CPC on 27th Nov., 2007 i.e., after
more than one year. The appellant submitted an
application under Section 5 of the Limitation Act.
The trial court after considering the detail facts as
given in the applications by the appellant held that the
appellant failed to show sufficient cause for his non-
appearance as well as failed to show sufficient cause for not
moving the application for setting aside the ex-parte decree
SBCMA No.521/2008
Snehlata Vs. Shree Charbhuja Finvest Pvt. Ltd.
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in time and, therefore, rejected the appellant’s application
filed under Order 9 Rule 7 and 13 CPC.
After going through the reasons, I do not find any
illegality in the impugned order dated 3.1.2008 passed by
the court below. There is no merit in this appeal and the
same is hereby dismissed.
(PRAKASH TATIA), J.
c.p.goyal/-