VOLTAS LIMITED Vs. U O I & ORS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the order of the trial court dated 19.3.2008 by which the trial court has allowed the application under Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC) filed by the Union of India/respondent no.1/defendant no.1 in the suit and has set aside the ex parte judgment and decree dated 10.8.2005 subject to payment of costs of Rs.10,000/- to the petitioner/plaintiff.

(2.) The facts of the case are that the petitioner/plaintiff filed a suit for recovery of Rs. 12,70,065/- against three defendants namely Union of India/defendant no.1, Trade Fair Authority of India/defendant no.2 and Tata Exports Limited/defendant no.3. This suit was filed in the original side of this Court and in which Union of India appeared. After completion of pleadings, the case was listed for petitioner's evidence and from 1998 to 2003, the matter continued for plaintiff's evidence when due to change of pecuniary jurisdiction the suit was transferred to the District Court and parties were to appear before the District and Sessions Judge on 5.12.2003. However, the order of transfer was not passed in the presence of the parties and was in fact passed not on the date fixed in court but on a preponed date on which the case was taken up by the Joint Registrar and thus which date was not to the notice of the Union of India. After the suit was transferred to the District Court, again admittedly, the transferee court did not issue any court notice to the Union of India/defendant no.1. The ex parte judgment and decree was thereafter passed on 10.8.2005.

(3.) The case of the respondent no.1/defendant no.1 in the application under Order IX Rule 13 CPC was that they came to know about the decree when execution proceedings were filed on 10.8.2006. It was pleaded that respondent no.1 did not have the necessary records and it took time to get information from the External Affairs Ministry/Indian Embassy at Tehran. After the necessary information was not obtained, in fact then certified copies of the file was applied for as also inspection of the court file and thereafter the application under Order IX Rule 13 CPC was filed on 29.3.2007.