RAMLAL CHAURASIA Vs. REWA COAL FIELDS LTD

JUDGEMENT

(1.) THIS is a defendants' appeal against a decree for Rs. 52,535-7-0 with proportionate costs and future interest which was passed against them on account of price of 3307 tons of coal supplied to them at Rs. 14-9-0 per ton and other incidental charges.

(2.) THE plaintiff, Rewa Coalfields Ltd., has coal mines at Burhar and Sahdol. THE defendants, who are partners of a registered firm, Chaurasia Limestone Company, Satna, manufacture lime and require coal for use in their kilns at Satna. THE plaintiff alleged that, between January 1952 and March 1953, it supplied to the defendants 3307 tons of coal at the rate of Rs. 14-9-0 per ton. Since the defendants did not pay the price, the plaintiff laid this suit claiming Rs. 52,537-14-0 including Rs. 1,505 on account of sales tax and Rs. 2,872-3-0 on account of interest. THE defendants resisted the claim inter alia on the ground that, for the supplies made between June 1951 and March 1953, they paid the entire price except Rs. 7,496-11-0 and that the supplies prior to June 1951 were made by Messrs Sood Brothers, Calcutta to whom payments for those supplies had been duly made. After issues were framed, the case came up for trial on 27th August 1954 and subsequent dates. On 12th October 1954, the defendants applied for, and obtained, an adjournment to produce additional

(3.) THE further question is whether, in an.appeal against an ex parte decree, the appeal Court can consider if the Court below was justified in proceeding ex parte or passing an ex parte decree. Section 105 of the Code, which prima facie applies to an order from which no appeal lies, reads: