CR No. 2300 of 1993 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 2300 of 1993 Date of decision:- 06.09.2010 Raghbir Singh and others ......Petitioners Vs New Bank of India and another ......Respondents CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. Vinod K. Sharma, Advocate, for the petitioners. Mr. N.C. Sahni, Advocate, for respondent No. 1. HEMANT GUPTA, J (ORAL) The present revision-petition arises out of an order passed by the learned trial court on 16.10.1989, whereby an application filed by defendants No. 1 to 3 and 5 to 7 the present petitioners, under Order 9 Rule 13 of the Code of Civil Procedure, for setting aside of the ex- parte judgement and decree dated 17.08.1989, was dismissed. The appeal against the aforesaid order was also dismissed by the learned District Judge on 15.04.1993. The said order is also subject matter of challenge in the present revision-petition. The learned trial court dismissed the application for setting aside the ex-parte decree dated 17.08.1989, on the ground that the defendants had not led any evidence though number of opportunities CR No. 2300 of 1993 2 were afforded to the said defendants-applicants. During the course of hearing before this court on 30.08.2010, the learned counsel for the petitioners, sought some time to find out, as to whether the petitioners would be ready and willing to deposit Rs. 10 lacs as a condition precedent for setting aside the ex- parte decree. It may be stated that the plaintiff-respondent has filed suit for recovery of Rs. 8,56,921.31/- which was decreed. Today learned counsel for the petitioners, has pointed out that a sum of Rs. 1,50,000/- was deposited by the petitioners on 05.07.2010, while seeking to settle the account with the plaintiff. It is pointed out by the learned counsel for the petitioners that another sum of Rs. 8,50,000/-, shall be deposited within six weeks from today and on such deposit, the petitioners, should be permitted to contest the suit on merits. Mr. Sahni, learned counsel, representing the plaintiff/respondent No. 1, has no objection to the setting aside of the ex-parte judgement and decree, provided an amount of Rs. 10,00,000/- is deposited within six weeks from today. In view of the consent of the parties, the orders dated 16.10.1989 and 15.04.1993, are set aside, subject to deposit of another sum of Rs. 8,50,000/- with the plaintiff, on or before 18.10.2010. If the petitioners do not deposit the aforesaid amount of Rs. 8,50,000/-, in addition to the amount of Rs. 1,50,000/-, the revision-petition would stand dismissed. On deposit of the said amount, the judgement and decree dated 17.08.1989, shall be deemed to be set aside. The learned trial court shall then decide the suit on merits and in accordance with CR No. 2300 of 1993 3 law. The deposit shall be without prejudice to the rights of the parties, but, only as an opportunity to the petitioners to contest the suit on merits to support their bonafides to contest suit on merits. In view of the above, the parties are directed to appear before learned District Judge, Jalandhar, on 20.10.2010. On proof of deposit of Rs. 10,00,000/- to be produced before the learned District Judge, the case shall be entrusted to the competent court of jurisdiction. In the event of failure of the petitioners to deposit the amount so stated, the learned District Judge shall record such findings. As a consequence thereof, the revision would be deemed to be dismissed. Ordered accordingly. 06.09.2010 (HEMANT GUPTA) Amodh JUDGE