UNION OF INDIA (UOI) Vs. T.V. SUBBAMMAL

JUDGEMENT

(1.) THE Defendant, namely, the Union of India represented by the General Manager, Southern Railway, is the Appellant. The suit is for damages for short delivery of goods booked for transportation from Delhi to Kochuveli at Trivandrum. The Defendant raised various contentions in its written statement. As many as 7 issues were raised in the suit. Issues, were settled on 20th March 1979 and after two or three adjournments, the case was posted for trial on 7th November 1979. On that day, the Court below has passed the following judgment:

(2.) THE order sheet in the suit contains the following entry dated 7th November 1979:

(3.) THE Defendant was represented by counsel and the counsel was present in Court on 7th November 1979. The entry in the order sheet shows that the Plaintiff and his witnesses were present. On the issues framed in the suit, the trial has to commence on the Plaintiff's side. The Defendant's counsel had not reported no instructions nor is there anything to show that he declined to participate in the trial. In these circumstances, the Court below was clearly wrong in setting the Defendant ex -parte and passing an ex -parte judgment.