LAWS(DLH)-2014-8-137

IGNOU Vs. BLUESTAR PVT. LTD

Decided On August 20, 2014
Ignou Appellant
V/S
Bluestar Pvt. Ltd. Respondents

JUDGEMENT

(1.) THOUGH this petition is filed under Section 115 of Code of Civil Procedure, 1908 (CPC), it actually ought to have been filed under Article 227 of the Constitution of India and therefore this petition is treated as a petition under Article 227 of the Constitution of India.

(2.) THE Challenge by means of this petition is to the impugned order of the trial court dated 3.6.2014 by which the trial court has refused to recall its earlier order dated 15.4.2014 striking off the defence of the petitioner/defendant for non -filing of the written statement. The subject suit was a suit for recovery of Rs.18,99,639/ - filed by the respondent/plaintiff.