UNITED CUTLERY WORKS Vs. ANOOP KHURANA

JUDGEMENT

(1.) THE present appeal has been filed under Section 96 read with Order 41 of the Code of Civil Procedure (hereinafter referred to as CPC) against the judgment and decree dated 2nd February, 2006 and 12th April, 2006 as well as the order dated 2nd June, 2006.

(2.) THE facts of this case are that the Respondent filed a civil suit being suit No. 260/2005 under Order XXXVII CPC for recovery of Rs. 10,01,149. 00 along with interest at 15% per annum. The primary allegation in the plaint was that the Appellants/ Defendants had purchased goods from the respondent/plaintiff for which the Respondent had raised bills totaling to rs. 7,01,017. 50. But as the Appellants/defendants had failed to make payment against said bills, the Respondent had filed the said summary suit for recovery.

(3.) SINCE the Appellant No. 1 and 2 did not enter appearance within the stipulated period as prescribed under Order XXXVIICPC, the trial court on 2nd February, 2006 passed an ex-parte decree against the said two appellants. Though, the Appellant No. 3 had entered appearance, but as he did not file his application for leave to defend within the period often days as prescribed under Order XXXVII Rule 4 CPC, the learned ADJ passed a decree on 12th April, 2006 against the said Appellant also.