- (1.) The original defendants are in appeal against the judgement dated 12.7.2006 passed by the learned trial Judge in decreeing the plaintiff's suit in the sum of Rs.16,43,200/- together with future interest at the rate of 18% per annum from the date of filing of the suit until realisation and costs of the suit for want of written statement while exercising the powers under Order VIII Rule 10 of the Code of Civil Procedure.
(2.) The respondent (hereinafter referred to as the "plaintiff") is a Medical Practitioner and runs a hospital in the name and style of "Rais Hospital". It is averred in the plaint that acting on the advertisements and representations and technical brochures issued by the defendants, the plaintiff placed an order for supply, installation and commissioning of Ultrasound Scanner Equipment in the year 1988 in the hospital. The equipment was found defective. The plaintiff complained to the defendants to rectify the defects in the equipment, but nothing was done successfully. In the month of April 1990, the defendants took away a part of the equipment (Sector Probe) through their representative which was never repaired and returned. The cost of the equipment was Rs.6,32,000/-. In the suit for damages, the plaintiff claimed a sum of Rs.16,43,200/-, computing the cost of the equipment, interest at the rate of 20% per annum for three years and liquidated damages at the rate of 100% of the cost of the equipment.
(3.) The writ of summons appears to have been served upon the defendants in the year 1992. The suit was posted for directions before the Prothonotary & Senior Master on 29.1.1997 as no written statement had been filed until that time by the defendants. On 29.1.1997, time of six weeks was given to the defendants for filing written statement. Written statement was not filed within the time granted by the defendants and the suit was transferred to the list of "undefended suit". On 12.6.1998 the matter was posted before the Court under the caption "for ex parte decree" and the trial Judge passed an order to accept the written statement if filed by 19.6.1998. The defendants failed to file the written statement within the time so granted. Nothing happened in the suit for almost eight years. It came to be posted under the category of "undefended suit" before the trial Judge on 7.6.2006. On that date, three weeks' time was granted to the plaintiff for filing compilation of documents and affidavit of evidence. Again on 28.6.2006, one week's time was granted to the plaintiff for filing compilation of documents and affidavit of evidence. Then we are informed that the matter appeared before the Court on 5.7.2006 and was adjourned to 12.7.2006. On 12.7.2006 nobody appeared for the defendants. On behalf of the plaintiff, compilation of original documents and affidavit of evidence in support of the claim were filed. The learned trial Judge held that the allegations contained in the plaint remained uncontroverted and decreed the suit under Order VIII Rule 10 of the Code of Civil Procedure, as indicated above.;