WESCO LTD., BURLA Vs. PRABATI GHIBILA AND ORS.

JUDGEMENT

(1.) The appellant, who is defendant in C.S. No. 49 of 2012 of the court of learned Civil Judge (Senior Division), Sambalpur, has come up in this appeal assailing the order dated 24.7.2014 passed in CMA No. 17 of 2013 rejecting an application under Order 9, Rule 13 C.P.C. to set aside the ex parte judgment and decree dated 16.3.2013 and 25.3.2013 respectively in the aforesaid suit.

(2.) The plaintiffs are respondents in this appeal. Plaintiffs' case, in brief, is that one Prufulla Ghibila died on 30.8.2011 due to electrocution for the negligence on the part of the defendants-company and thus, his dependants-legal heirs (widow and children) filed a suit claiming compensation of Rs. 30,40,000.00 with 18% interest per annum and cost.

(3.) It is not disputed that the defendant-appellant on receipt of summons appeared through Mr. G.K. Satpathy, Advocate on 03.08.2012 and sought for time to file written statement. Subsequently, the defendant-appellant was set ex parte due to non-appearance of its Advocate on 5.10.2012. The suit was taken up for ex parte hearing on 8.01.2013 and 14.02.2013 respectively. On 08.03.2013, argument was closed. On 16.03.2013, ex parte judgment was passed and ex parte decree was signed on 25.3.2013 by the learned Civil Judge (Senior Division), Sambalpur. Subsequently, Execution Case No. 22 of 2013 was filed by the plaintiffs and the defendant-appellant was noticed to appear and file show cause on 14.08.2013.