MIRA DEVI CHOWHAN Vs. ARUN KUMAR MUSTAPHY

JUDGEMENT

(1.) This is an application by the defendant Arun Kumar Mustaphy to set aside the ex parte decree dated May 20. 1975. The decree was for Rs. 1,140/-with interest and cost passed by this Court in a suit for money lent and advanced by the plaintiff Smt. Mira Devi Chowhan to the defendant.

(2.) The case of the plaintiff is that on August 28, 1971, the defendant borrowed from the plaintiff Rs. 1,000/- for the purpose of his business and agreed to repay the same within 90 days from the date of the loan. As a security for due repayment of the loan, a hundi was executed in favour of the plaintiff. The hundi was drawn by the defendant Arun Kumar Mustaphy for Leather Export Union. Arun Kumar Mustaphy himself accepted the hundi. Further case of the plaintiff is that the defendant Arun Kumar Mustaphy held himself out as the sole proprietor of the business carried under the name and style of Leather Export Union. The defendant Arun Kumar Mustaphy filed his written statement. His defence, inter alia, is that he did not execute the Hundi in his personal capacity and he is not personally liable as his father is the sole proprietor of the firm "Leather Export Union."

(3.) This suit appeared in the peremptory list for hearing before this court on May 16. 1975, marked as liquidated claim. Thereafter the suit again appeared in the peremptory list on May 19, 1975 as liquidated claim. The Suit appeared on May 20, 1975, in the peremptory list again as liquidated claim. Nobody appeared for the defendant on any of the days when the suit appeared in the peremptory list. On May 20, 1975. the suit was called on for hearing. As no one appeared for the defendant on any of the days and the counsel for the plaintiff submitted that there is no real defence to the suit, I heard the suit. The plaintiff proved his claim and ex parte decree was passed on that day.