- (1.) We have heard the learned Counsel for the parties at length. We do not think it would serve any further purpose to keep this matter alive at this stage since the matter is only on the ground that the order which has been passed by the Hon'ble First Court allowing the application filed by the appellant/ petitioner under Order 9 Rule 13 recalling the decree made under Order 12 Rule 6.
(2.) It is true that the appellant did not appear when the matter was taken, up by the Hon'ble First Court and as such an exparte order/decree was passed. However, that facts need not be gone into at this stage since, the application was allowed filed by the appellant/petitioner under Order 9 Rule 13 with a condition imposed on the appellant/petitioner by the Hon'ble First Court that the applicant should secure a sum of Rs. 37 lacs either in the form of bank guarantee or in cash within a period of 12 weeks from date and if such security is furnished, then the order passed by the Hon'ble First Court would stand recalled and further it appears that the said order was passed allowing the said application imposing cost of Rs. 10,000/- on the appellant/petitioner.
(3.) Mr. Ghosh appeared on behalf of the appellant/petitioner and drew our attention to Order 9 Rule 13 as well as Order 9 Rule 7.;