BALDEODAS LOHEA Vs. SHUBCHURNDAS GOENKA

JUDGEMENT

(1.) This is an appeal by the plaintiff against an order made by my learned brother, Mr. Justice Page, on the 22 July, 1924

(2.) The facts which it is necessary for mo to state are as follows:

(3.) The plaintiff filed the plaint on the 28 of February 1924, and summary proceedings were taken under Order 37 of the Civil Procedure Code. On the 15 of April 1924, the plaintiff obtained a decree which was made ex parte. The plaintiff, having obtained his decree, attached certain premises in Calcutta. On the 24 of June, notice of an application was issued on behalf of the defendants for an order that the ex parte decree of the 15 of April 1921 and the attachment effected in execution thereof on the interests of the defendants in the premises thereon mentioned should be sat aside and that the defendants should have unconditional leave to defend the suit.