O.T.A. FALLOONS FORWARDING PVT. LTD. REP. THROUGH ITS EXECUTIVE DIRECTOR, N.N. CHAKRABARTY Vs. L.M. HATI AND COMPANY AND ORS.

JUDGEMENT

(1.) THE Defendant No. 1 in a suit for recovery of money against it, is in revision challenging the order - II dated 25 -8 -1997 of the Civil judge (Senior' Division), Jagatsinghpur passed in Money Suit No. 69 of 1986 refusing its prayer to recall the order dated 16 -10 -87 and expunge the documents marked as Exts. 1 to 40 at the instance of the Plaintiffs on admission as per Order XII, Rule 3(A), Civil Procedure Code.

(2.) THE Plaintiffs filed a suit against the Defendant No. 1 for recovery of about rupees three lakhs. The Defendant No. 1 filed written statement delaying the liability. Issues were settled. It was fixed for peremptory hearing on 16 -19 -1987. On 16 -10 -87 the Court recorded that none from the side of the Defendants was present. It further recorded that as per its previous order 23 -6 -87 since the Plaintiffs had already served notice on the Defendants' for admission of the documents as provided under order 12, Rule 3(A), Code of Civil Procedure and that in spite of the notice when Defendant No. 1 did not turn up the court marked 'the Plaintiffs' documents Exts. 1 to 40 on admission as permissible under those provision. After examination of p. w. I, on 8 -8 -87 the Defendant No. 1 filed an application to expunge those documents marked Exts. 1 to 40 from the evidence on the ground that he had not received any notice nor he admitted the documents and that the Plaintiffs were to prove the documents. The Court passed the order on 25 -8 -97 rejecting the prayer and hence the present revision.

(3.) I have heard the submissions of both the counsel and have gone through the records of the money suit in question as well as the impugned order.