SKIN TRADE AGENCIES Vs. INDO INTERNATIONAL PVT LIMITED

JUDGEMENT

(1.) THIS Application has been filed under Order XIV r/w. Order VII Rule 9 of Original Side Rules (hereinafter referred to as "o. S. Rules") to set aside the Order/decree dated 10. 10. 2003 passed in C. S. No. 664 of 1996.

(2.) THE Respondent/plaintiff is said to have supplied goods to the Applicant/defendant under invoices. Alleging that the Applicant/defendant had not made the payment towards the supply of materials, the Respondent has filed the Suit in C. S. No. 664 of 1996 for recovery of a sum of Rs. 11,90,725/- with interest at the rate of 21% p. a. The Suit was instituted as Summary Suit under Order VII Rule 1 of O. S. Rules r/w. Order 37 Rule 2 C. P. C. The Suit summons was served on the Applicant/defendant on 21. 11. 1996. The Defendant has neither filed the written statement nor filed a Petition seeking leave to defend the Suit within 10 days of receipt of the Summons. After putting up necessary Office Note, the Suit was posted before the Master for passing a decree. When the Suit came up for hearing before the Master, the learned Counsel for the Applicant/defendant sought for time to file an Application seeking leave to defend. Observing that since the Suit is of the year 1996 and no purpose would be served in keeping the Suit pending further, the learned Master declined to adjourn the matter and decreed the Suit as prayed for by the order dated 10. 10. 2003, which is challenged in this Application.

(3.) THE Applicant/defendant raised mainly three contentions: