RAM CHAND AND SONS Vs. KANHAYA LAL BHARGAVA

JUDGEMENT

(1.) This is a rule at the instance of Messrs. Ram Chand & Sons, Sugar Mills (Private) Limited of Bara Banki, directed against the order of the Subordinate Judge, 1st Class Delhi, striking off its defence under the provisions of section 151 of the Code of Civil Procedure.

(2.) A suit was brought by Kanhya Lal Bhargava the first respondent as far back as of April 27, 1962, for recovery of a sum of Rs. 45,112.94 P against the petitioner company and one Ram Sarup. It appears that the shareholders of the company are relations of each other and its registered office is in Bara Banki in the State of Uttar Pradesh. Apparently this case his not progressed very far and is still in its preliminary stages. An application was filed by the plaintiff-respondent under Order 11,rule 21 read with Order 29, rule 3 of the Code of Civil Procedure on 27th of October, 1964, in which it was prayed that the defence of the defendant-company be struck of or in the alternative Shri Jugal Kishore, permanent director at the company, should appear in the Court. Notice of this application was given to the counsel for the defendant company and be filed a reply on 23rd of November, 1964. An order was made on 3rd of December, 1964 that "a* regards the request under Order 29, rule 3, for requiring Shri Jugal Kishore alleged a permanent director of the respondent-defendant in the Court to be present to answer material question relating to this suit, ..;.... I think it would be proper if Shri Jugal Kishore is directed to b present before this Court. Accordingly defendant is directed to produce Shri Jugal Kishore in the Court on the 14th of December, 1964." The counsel for the company stated on the next date of hearing that he had .not been able to contact his client and another opportunity was given at his request to produce Jugal Kishore on 6th of January, 1965. A medical certificate was produced and a further date was fixed for the production of Jogal Kishore. On 18th of January, 1965, he was still stated to be ill and could not be produced on that date. A final opportunity was granted to the defendant-company through its counsel to produce Jugal Kishore on 3rd of February, 1965, on which date neither Jugal Kishore was present nor & medical certificate was produced. Still an adjournment was granted for 18th of February, 1965, when a telegram was received by the Court that a medical certificate was being sent. Thereafter the proceedings were adjourned to 22nd of February, 1965, when further extension was sought. On 35th of February, 1965, no medical certificate was produced and the petitioner was asked to show cause why its defence should not be a truck off. The case was adjourned to 16th of March, 1965 and again to 1st of April, 1965 for arguments and Jugal Kishore was still absent. After touring the arguments, the learned Judge struck off the defence of the petitioner under the provisions of section 151 of the Code of Civil Procedure code from this order Messrs. Ram Chand and Sons have coma in revision to this Court.

(3.) Order 29 of the Code of Civil Procedure deals with suits by or against corporations, and under rule 3 :-