SURESH CHANDRA BANERJEE Vs. UNITED BANK OF INDIA LTD
HIGH COURT OF CALCUTTA
SURESH CHANDRA BANERJEE
UNITED BANK OF INDIA LTD.
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P.N.Mookerjee, J. -
(1.) This is the mortgagor-judgment-debtors' appeal against an order of the learned Subordinate Judge, Second Court, 24 Parganas, rejecting their application under Order IX, Rule 13 of the Code of Civil Procedure for the setting aside of an ex parte final mortgage decree, passed against them. The suit in question was Title Suit No. 55 of 1950 of the Second Court of the Subordinate Judge, 24 Parganas, in which the respondent Bank, or, rather, its predecessor, was the plaintiff and the appellants were the defendants. The claim was on a mortgage to the tune of over Rs. 75,000/-.
(2.) The suit was preliminarily decreed on contest on April 26, 1955. Under the said preliminary decree, the period of grace extended up to June 26, 1955. No payment having been made within the aforesaid time allowed, the decree-holder, on October 13, 1955, applied for making the prelimnary mortgage decree final.
(3.) On the aforesaid application, the learned Subordinate Judge, by his first order (No. 96, dated December 16, 1955), directed issue of notice "on filing requisites" by January 6, 1956. Later on, however, by his next order No. 97, dated January 5, 1956, he recalled the above direction for issue of notice and, having recorded in his said order that no notice need be served, he made the final decree, as prayed for by the decree-holder. The decree was "sealed and signed" on February 23, 1956.;
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