THE HIMACHAL PRADESH STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. Vs. HIMACHAL FILAMENT (P) LTD. AND ORS.

JUDGEMENT

(1.) The plaintiff has filed the present suit for recovery of Rs. 2,49,06,814.00 with future interest on the grounds that:

(2.) The defendants despite service did not choose to appear and proceed ex parte on 13.12.2005 and, therefore, the ex parte evidence was recorded on behalf of the plaintiff, who examined two witnesses and closed their evidence on 30.11.2006 and the case was listed for arguments. In the meanwhile, the defendant No. 3 filed an application being OMP No. 447 of 2008 for recalling the ex parte order, which application was allowed on 15.7.2009 and the ex -parte proceedings against defendant No. 3 were recalled.

(3.) (a) Defendant No. 3 thereafter filed his written statement wherein he raised preliminary objections regarding maintainability of the suit, suit having not been filed by the duly authorized person, suit being time barred, suit being bad for non -joinder and misjoinder of necessary parties etc.