UNIVERSAL MACHINERY CO Vs. VINAG MINING CO

JUDGEMENT

(1.) This appeal is by the petitioner] defendant and is directed against the order dated 4-7-1978 passed by the Civil Judge, Bellary, in M.C. No. 33 of 1975, on his file, dismissing the petition of the present appellant for setting aside the ex-parte decree passed against him in O. S. No. 15 of 1974.

(2.) The brief facts relevant for the decision of this case are these: One Vinag Mining Co., a firm registered under the Indian Partnership Act, instituted a suit against the present petitioner appellant viz., Universal Machinery Company, for recovery of Rs. 51,335 with interest in O. S. No. 15 of 1974 on the file of the Court of the .Civil Judge, Bellary. Summons was ordered to be issued against the present petitioner appellant who was defendant in the suit. Summons is at Ex. P-l. The summons was sent both by post and through Court. In the summons, the office of the Court at Bellary wrote the name of the person concerned to whom the summons was addressed as 'Universal Mining Company' instead of writing 'Universal Machinery Company' which is the name of the petitioner Company. That was so in both the summonses. On receipt of the summons, the Company wrote a letter to the Court as per Ex-P-3 in the Miscealleous application, which reads:

(3.) The learned Advocate appearing for the appellant vehemently contended that the decree passed by the Civil Judge at Bellary in O. S. No. 15/1974 is a nullity in the eye of law and it has to be set aside on being pointed out that such a decree has resulted by the mistake of an officer of the court and that no party shall suffer on account of the mistake committed by the Court or its officers. In that view, he submitted that there was no question of limitation to institute the application. He further submitted that even otherwise, the petitioner has shown sufficient cause for the delay.