M/S Texmode vs M/S Sana Overseas Inc & Anr on 4 October, 2016

1. This Regular Second Appeal under Section 100 of the Code of

Civil Procedure, 1908 (CPC) is filed by defendant no. 1 in the suit against the

impugned Judgment of the First Appellate Court dated 19.12.2015 by which the

first appellate court has dismissed the first appeal as being barred by time. Trial

court by its Judgment dated 12.2.2015 had decreed the suit of the respondent

no.1/plaintiff for recovery of a sum of Rs.2,51,500/- jointly and severally

against the appellant/defendant no. 1 and respondent no. 2/defendant no. 2. The

number of days of delay which have to be condoned is not mentioned in the

RSA No. 39/2016 Page 1 of 6
condonation of delay application, however, the delay for which condonation

will be sought would be from 13.2.2015 till 16.12.2015 when the application for

condonation of delay was filed. I may also at the outset state that the present

case is not a simple case of condonation of delay in filing the first appeal,

inasmuch as, the appellant as defendant no. 1 had appeared in the suit, filed his

written statement-cum-counter claim, but thereafter had not appeared in the suit

as a result of which he was proceeded ex parte vide Order dated 25.4.2005.

Appellant/defendant no. 1 had moved an application for setting aside the ex

parte proceedings against him but that application has been dismissed right till

the Supreme Court. The Special Leave Petition before the Supreme Court was

dismissed vide Order dated 7.10.2013 in default.

Source: Indian Kanoon

Leave a Reply