PENGUIN ALCOHOLS PVT LTD Vs. K SUBBARAMAIAH

JUDGEMENT

(1.) The respondents though served by publication in the newspaper has chosen not to put in appearance. Rule. Heard forthwith.

(2.) By this petition under Article 227 of the Constitution of India the petitioner challenges order dated 30/7/2009 passed by the II-Additional Civil Judge, Senior Division, Margao, in C.M.A No.5/09/II in Special Civil Suit No.63 of 2009, by which application filed by the petitioner under Sections 39 and 40 r/w Rules 5 and 6 of Order 21 of the Civil Procedure Code, 1908 has been dismissed.

(3.) The petitioner filed Special Civil Suit No.63/2009 in the Court of Civil Judge, Senior Division, Margao against the respondent for recovery of money. The trial Court by judgment and decree dated 10/7/2008 decreed the suit with costs against the respondents herein and directed the respondent to pay a sum of Rs.11,42,296/- as on 31/3/2001 along with further interest thereon at the rate of 18% per annum until effective payment.