TALUPULA ENGINEERING CO Vs. RAJIV DUA

JUDGEMENT

(1.) THIS Regular First Appeal impugns the judgment of the trial Court dated 15.2.2012 decreeing the suit for recovery of RS. 7,35,625/- filed by the respondent/plaintiff. The suit has been decreed for a sum of RS.5,50,000/- alongwith interest at the rate of 8% per annum w.e.f. 1.6.2003 till the date of decree and thereafter at 6% per annum.

(2.) THE suit has been decreed as the appellant led no evidence. THE trial Court record however shows that the suit otherwise has been very earnestly contested by the appellant throughout.

(3.) VIDE order dated 20.8.2010 after the evidence of the respondent/plaintiff was closed, the case was fixed for appellant's/defendant's evidence on 16.12.2010. On 16.12.2010, the Presiding Officer was on leave and case was adjourned to 28.02.2011. Even on 28.2.2011, the Presiding Officer was on leave. The suit was thereafter transferred to another Court and when the case was fixed on 19.9.2011, the learned Presiding Officer of this successor Court was on leave. The case was therefore, effectively fixed for the first time for appellant's/defendant's evidence on 9.1.2012, and on which date on account of not leading of evidence, the case was adjourned to 31.1.2012 for appellant's/defendant's evidence subject to payment of costs of RS. 2000/-. On 31.1.2012 i.e about 21 days after 9.1.2012, the evidence was closed as the appellant/defendant had not appeared and was not in contact with his counsel.