The learned Single Judge proceeded ex parte against the defendant on that date and the suit was then listed on 9 9 1988 as a short cause for final disposal.
Hence this appeal by special leave.Thereafter on 9 10 1988, an application for setting aside the ex parte decree was made under Order IX Rule XIII CPC by the defendant Banks companynsel Shri A.N. Tewari, supported by his own affidavit.
The suit was listed on 29 7 1988 for filing documents and their admission or denial, when the defendant Bank remained absent.
Thereafter, a review application was filed by Shri A.N. Tewari, which too was dismissed on 31 7 1991.
Accordingly, the learned Single Judge decreed the suit ex parte on that date.
13246 of 1992 then listed before the learned Single Judge of the High Court on 12 8 1988, when the defendant was again absent.
Accordingly, it filed an appeal before the Division Bench of the High Court through another companynsel on 30 4 1992 against the orders dismissing the application for setting aside the ex parte decree as well as the review application.
A suit for specific performance was filed by the respondent, M s lyengar Consultancy Services Pvt.
Ltd., against the appellant United Commercial Bank in the Delhi High Court.
It was Arising out of SLP Civil No.
This appeal was dismissed on 23 9 1992 by the Division Bench as time barred as well as on merits.
On that day also, numbere appeared for the defendant in the suit.
Leave granted.
Heard on merits.
It was only thereafter that the defendant Bank learnt of the ex parte decree passed against it.
That application was dismissed by the learned Single Judge on 6 7 1989.
