TEA AUCTION LTD Vs. GRACE HILL TEA INDUSTRY

JUDGEMENT

(1.) Leave granted.

(2.) Interpretation and application of the provisions of Or. 9 R. 13 of the Code of Civil Procedure, 1908 (for short, 'CPC') is in question in this appeal which arises out of a judgement and order dated 2nd May, 2005 passed by a Division Bench of the Calcutta High Court in A.P.O.T. No. 86 of 2005 arising out of C.S.No.234 of 2002 modifying an order passed by a learned Single Judge of the said court.

(3.) The plaintiff is the appellant before us. It filed a suit on the original side of the Calcutta High Court claiming a decree, for a sum of Rs. 37,26,498.00 with interest against the respondents. Leave under Cl. 12 of the Letters Patent of the said court was also obtained. An application was filed for recording a decree under Or. 12 R. 6 of Code of Civil Procedure on 23.05.2002. On the said application, notice of motion was to be served upon the defendants/respondents. The notice was returnable on 12.06.2002. On the said notice, nobody had appeared on behalf of defendant No. 1. A direction for filing of affidavit in opposition was issued upon the plaintiffs application. Allegedly the said order was communicated to the respondent No.1 by registered post. The matter was again listed on 15.07.2002. On that date nobody appeared on behalf of defendant No. 1. A judgment and decree, upon admission for a sum of Rs. 37,26,428.00 along with interest, was passed against defendant No. 1.