TMI Blog2000 (4) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... tioners/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 other defendants. The suit was instituted on 14-6-1983. In the said suit notices were issued and the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 application that the appellants had no knowledge about the institution of the case or its pendency, and tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 attitude as above by the appellants cannot be condoned, and the submission that the appellants were not awar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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