HEMS APPARELS Vs. RASHTRIYA BANIJYA BANK

JUDGEMENT

(1.) Heard the learned counsel for the Appellant. None appears for the Respondents-original plaintiffs-Bank though served. Affidavit of service dated 12th June, 2006 has already been filed. It clearly indicates that proceedings have been duly served on the Respondents-plaintiffs and they have been informed that the Appeal will come up for final hearing on 12th June, 2006 or any day thereafter. Inspite of the same, no-one is appearing on behalf of the original Plaintiffs.

(2.) By this Appeal, the Appellant is challenging the Judgment and Decree dated 7th March, 2003 passed by the learned Single Judge. The learned Single Judge has by a cryptic order granted a decree as prayed on the ground that no written statement is filed and accordingly under Order VIII, Rule 5 read with Rule 10 of Code of Civil Procedure, a decree has been passed in terms of prayers (a) and (b). From the judgement and decree, we find that even the original documents have not been tendered and no evidence has been led on behalf of the Plaintiffs. Even the basic issues have not been considered in the said judgement and decree.

(3.) The learned counsel for the Appellant has brought to our notice the judgment of the Supreme Court in Balraj Taneja & 3381 anr. v. Sunil Madan & anr., AIR 1999 SC 3381, wherein the learned Supreme Court has considered the very issue and has observed as under: