UNION OF INDIA Vs. LAXMI OIL MILLS

JUDGEMENT

(1.) This appeal is directed against an order passed on an application under Order 9. Rule- 13, CODE OF CIVIL PROCEDURE, 1908 (hereinafter referred to as "the Code") by the court below.

(2.) A money suit was filed by the respondent against the General Manager, Eastern Railway, Calcutta and the General Manager, North Frontier Railway, Maligaon, Calcutta. The said suit was dismissed for default for non-payment of court-fee but was later on restored. It was admitted on 15-4-77 and ex parte decree was passed on 20-7- 77. The appellant thereupon filed an application for setting aside the said decree mainly on the ground that notices had not been served upon them. Thereafter a miscellaneous case was registered and the same was dismissed by the court below on 5-4-78.

(3.) Mr. A. B. Ojha learned counsel, appearing on behalf of the appellant has submitted before us that the procedure laid down under Order 5, Rule 19-A of the Code was not followed in the present case and on that ground alone the ex parte decree should have been set aside by the Court below. Mr. Ojha has drawn cur attention to Order No. 13 date 15 (14)-4-77 and order No. 14 dated 2-5-77 of the trial court in miscellaneous case. They read as under:--