DEBI PRASAD DUTT Vs. ASUTOSH PRAMANIK

JUDGEMENT

(1.) This is an application to set aside an ex-parte decree.

(2.) The suit was instituted for the recovery of a certain sum of money against two Defendants, Ashutosh Pramanik and Kedarnath Sasmal. On February 27, 1956 the writ of summons was served on Ashutosh Pramanik. We are not concerned in this application with the decree passed against Kedarnath Sasmal the other Defendant. The time to enter appearance expired on March 9, 1956. Ashutosh Pramanik died on March 16.1956 without entering appearance in this suit. On April 25, 1956 the suit appeared in the Undefended List and the Court was informed that the Defendant Ashutosh Pramanik was dead and the Plaintiff would have to take steps to substitute his legal representatives in his place and stead. On April 27, 1956 a summons was taken out by the Plaintiff. The summons provides, inter alia:

(3.) The summons appears to have been served on the legal representatives of Ashutosh named in the petition. On April 30, 1956 an order was made on the said summons directing substitution and consequential Amendments of the plaint. The order, however, did not direct fresh writ of summons to be issued and served on the substituted Defendants nor did it state the time within which the substituted Defendants were to enter appearance and file their written statements.