MOHINDRA PRASAD Vs. PODDAR BROTHERS LTD

JUDGEMENT

(1.) This is an appeal from a decree of Sarkar J., made in favour of the plaintiff in an undefended suit.

(2.) On September 4, 1947 the plaintiff filed a suit for recovery of Rs. 3410-9-3 from the respondents being the arrears of payments under a hire purchase agreement. On November 14, 1947 the defendant appellant filed a written statement and nothing more was done for some considerable time. On April 8, 1949 the plaintiff-respondents made an application to the Master to strike out the defence for failure to file an affidavit of documents. On April .11, 1949 the learned Master ordered the defendant to file an affidavit of documents on or before April 26 and in default he directed that defence of the defendant-appellant be struck out and the suit transferred to the undefended list. On July 18, notice was issued under Ch. 10, Rule 35 directing the suit to toe set down in the special list to be dealt with for want of prosecution and on July 26, 1950 the suit was actually dismissed for want of prosecution. But an application was made and the learned Judge acceded to that application and restored the suit and directed it to appear on the next special list. On August 2, 1950 the matter came before Sarkar J. who directed that the case should appear in the undefended list which it did and was decreed an favour of the plaintiffs.

(3.) This was a commercial cause and this Court has rules specially dealing with such causes.