LOTUS INTERNATIONAL Vs. CHATURBHUJADAS KARNANI TEXTILES PRIVATE LIMITED

JUDGEMENT

(1.) Admit.

(2.) The defendants 1 to 3 are the appellants in this appeal and the plaintiff company is the respondent. This FAO has been filed against the order dated 23.8.1995 passed in I.A. 8411 of 1995 (wrongly shown as IA 8495/95 in the impugned order) in Suit No.2575 of 1987 by which the learned Single Judge refused to grant permission to the appellants to cross-examine the witnesses of the plaintiff and also for adducing evidence on the appellants' side in view of the fact that the appellants had been set ex-parte on 6.7.1994. The point that arises in the appeal is whether in a case where the defendants are set ex-parte after having filed their written statement, the defendants could be permitted to cross-examine the witnesses of the plaintiff and also adduce evidence on their side.

(3.) The respondent company filed the suit for recovery oof Rs. 11,67,397.79 against the appellants on account of alleged supply of goods during July to September,1986. The 1st appellant filed a written statement denying the supply of goods by the respondent to the appellants and raised other contentions. The other appellants adopted the written statement of the 1st appellant. It is not necessary to set out the various contentions raised by the appellants in the written statement.