MAHAVEER WASTE FACTORY Vs. SWADESHI COTTON MILLS PONDICHERRY

JUDGEMENT

(1.) DEFENDANT 1 to 5 are the appellants. The suit is for recovery of a sum of Rs. 34,979-03 as damages on various heards. The defendants had resisted the same under various grounds and a counter claim has also been made against the plaintiff for a sum of Rs. 13,000/ -. During the trial, after the evidence of P. W. 1 on behalf of the plaintiff has been recorded, the defendants have not let in any evidence. Inspite of opportunity given to the defendants they did not adduce any evidence. The trial Court has, therefore, granted a decree in favour of the plaintiff for the suit claim under Order 17 rule 3 of Civil Procedure Code. Since the question for consideration in this appeal is whether the decreeing of the suit under Order 17 Rule 3 C. P. C. , is valid or not, the averments in the plaint as well as the written statement made by the respective parties are not narrated in this Judgment.

(2.) THE suit has been decreed under Order 17, Rule 3, c. P. C. , by the trial court in favour of the plaintiff, only on the ground that the defendants have not let in any evidence on their behalf, inspite of opportunities being given to them. THE appellants contend that the trial court should have set the defendants ex parte and an ex parte decree alone should have been passed and passing a decree under Order 17, Rule 3, C. P. C. , is not proper. Learned counsel appearing for the appellants has referred to certain decisions on this aspect.