SARITA DEVI Vs. SIPPY ELECTRONICS PRIVATE LIMITED

JUDGEMENT

(1.) The plaintiff Smt. Santa Devi has filed this suit as proprietor of M/s.Essbee Associates,claiming decree in the sum of Rs.1,04,100.00 with costs, against the defendants on account of recovery of advance of Rs.26,100.00, and damages for the loss of profit in the sum of Rs.78,000.00.

(2.) The order dated 21.01.1991, passed by the Joint Registrar, notes that the service was effected on the defendants, but none was present on their behalf. He had directed on that date that the matter be listed before the Court. The matter came up before the Court on 26.02.1991 and none was present on behalf of the defendants. It again came up before the Court on 14.03.1991 when the Hon'ble Judge was on leave.

(3.) On 15.04.1991 when none was present for the defendant, the Court renotified the matter for 09.08.1991. On 09.08.1991 the defendants were directed to be proceeded against ex parte, and it was directed that ex parte evidence by way of affidavit be filed, within six Weeks. Evidence by way of affidavits was filed by the plaintiff Smt. Sarita Devi, and Shri S.K. Khaitan, who is stated to be the husband of the plaintiff.