ARIJIT BANERJEE, J. - (1.) The defendant has taken out this application for recalling of a decree dated 14 August, 2015 which was passed when the suit appeared under the heading undefended suit. The defendant contends that there was sufficient cause for the defendant not to appear on the date when the decree was passed and hence, the decree should be recalled and the defendant should be given an opportunity to contest the suit.
(2.) The undisputed facts of the case are that the suit was filed on or about 24 February, 2015. In the suit the plaintiff claimed a money decree for Rs. 1,01,57,095.87 along with interim interest and interest on judgment. The writ of summons was served on the defendant on 5 May, 2015. The defendant was required to enter appearance by 15 May, 2015 and was required to file written statement by 26 May, 2015. The defendant did not enter appearance nor filed written statement. Accordingly, the plaintiff caused the suit to appear in the list as 'undefended suit' on 13 July, 2015. The plaintiff's witness was examined in part and the suit was adjourned till 7 August, 2015. The suit thereafter appeared in the list on 10 August, 2015 but could not be taken up for hearing. Upon the matter being mentioned on behalf of the plaintiff, the suit was directed to appear in the list on 14 August, 2015. On the adjourned dated i.e. 14 August, 2015 the examination of the plaintiff's witness was completed and upon being satisfied that the plaintiff had proved its claim, this court decreed the suit.
(3.) The defendant contends that the key personnel of the defendant company is one Mr. Tarakeswar Singh who is also a director of the company. He was personally involved in the entire transaction with the plaintiff. All necessary facts and information germane to the suit were known to him and all documents pertaining to the transactions between the parties were in his custody. However, he suffered a major hip fracture on April 30, 2015 and was confined to bed. Hence, it was not possible for him to take any steps to defend the suit. As a result, the defendant failed to enter appearance and could not file written statement within the period prescribed.;