ARIJIT BANERJEE, J. - (1.) This application has been taken out by the defendant for recalling of a decree for Rs. 26,54,355.74 along with pendente lite interest at the rate of 18 per cent per annum and interest on judgment at the rate of 12 per cent per annum. By the said decree costs assessed at Rs.60,000/- was also awarded in favour of the plaintiff.
(2.) The said decree was passed when the suit appeared in the undefended list in view of the fact that the defendant did not enter appearance in the suit as certified by the department of this Court. It is not in dispute that the writ of summons was duly served on the defendant.
(3.) The defendant/petitioner contended that immediately on receipt of the writ of summons, he engaged one Manoj Malhotra, Learned Advocate to represent him in the above suit. He further contended that his left arm was amputated from below the elbow at an early age and he has also been suffering from Buccal Mucosa (said to be a form of carcinoma) since 2013. He has undergone treatment at Tata Medical Centre, Calcutta and Bombay, as also other hospitals in Calcutta. He has to undergo constant treatment for his illness to prevent it from turning malignant. Due to his ailments, he has to travel frequently to Bombay and visit different medical practitioners at Calcutta for consultation and treatment. For these reasons his business is suffering and he is unable to attend to his other affairs. Having engaged an Advocate and paid his fees and having given complete instructions to him, the petitioner reasonably believed that the learned Advocate would take all necessary steps to protect the petitioner's interest in the suit. From time to time, the petitioner made enquiries with the learned Advocate and was told that the suit had not been taken up for hearing and the learned Advocate assured him that he would be duly represented when the suit is heard. In those circumstances the petitioner was shocked to receive a letter dated December 17, 2016 whereupon he first came to know that the suit has been decreed and the decree had been put in execution. In a nutshell these are the reasons advanced by the defendant as to why he could not contest the suit.;