2000 (4) TMI 51

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....inst the order dated 9-12-99 in M.J.C. No. 30/99, by XI ADJ, Jabalpur, whereby the application of petitioners/appellants under Order 9 Rule 13 C.P.C. for setting aside ex parte judgment and decree, was dismissed. 2. The appellants were defendant Nos. 3 and 4 in the Civil Suit No. 134-B/94 filed by the plaintiff/respondent No. 1 herein, for recovery of excise duty recovered by one appellants and....

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....teen opportunities to file written statement without availing of the same. 3.The trial Court therefore was left with no option but to pass ex parte judgment and decree against the appellants and other defendants. After passing of one judgment and decree as above, the appellants came up with an application under Order 9 Rule 13 C.P.C., praying that the same be set aside. It was stated in the app....

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.... of lacnes or negligence of Counsel in appearing before the learned trial Court. 6.In the instant case, it is obvious that the defendants in the case were duly represented by their Counsel. The matter remained pending for a long time. The defendants/appellants as also other defendants did not file even their written statement for more than ten years, despite several opportunities. The callous a....