ASOK KUMAR SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this application the petitioner/defendant have prayed for setting aside of the ex parte decree dated September 15, 2014 passed by the Hon'ble Mr. Justice I.P. Mukerji in C.S. No. 45 of 2014, inter alia, on the grounds that there is no gross negligence and deliberate inaction in preparing this application of condonation of delay of 316 days for setting aside the ex parte decree.

(2.) It is submitted that on March 5, 2014, the petitioner no. 4, namely, the Directorate of Cooperative Audit was served with a duplicate copy of the writ of summons and having received the summons on March 7, 2014 a written note was made over to Mr. Sadananda Ganguly, learned Additional Government Pleader and Mr. Subhabrata Dutta Advocate was engaged by legal Ld. Remembrancer on March 13, 2014 to take steps in the suit to prepare a written statement and to file the same before the Court.

(3.) Petitioners have recently discovered that learned Advocate engaged in the matter apparently did not notice that the said suit had appeared in the supplementary cause list of the Hon'ble Mr. Justice I.P. Mukerji on September 15, 2014 as 'undefended suit' and omitted to enter appearance in the suit which stood decreed undefended by the judgment dated 15th September, 2014.