Arindam Mukherjee, J. - (1.) The respondent/plaintiff on or about 3rd March, 2014 instituted the suit on account of unpaid price of goods sold and delivered to the appellant/defendant. The writ of summons was admittedly served on the appellant/defendant through bailiff on 12th March, 2014 and 25th March, 2014 by speed post. The appellant/defendant did not enter appearance in the suit or filed his written statement to contest the suit.
(2.) The suit admittedly appeared in the cause list but the appellant/defendant did not appear even at that stage. The suit was decreed on 7th January, 2016.
(3.) The appellant/defendant alleged to have come to know about the decree on or about December 20, 2016 upon receiving a letter dated 17th December, 2016, from Ms. S.G. Muskara & Co., by which the order dated 17th December, 2016 passed in the execution case initiated by the respondent/plaintiff for executing the decree dated 7th January, 2016. Subsequent thereto, the appellant/defendant filed an application under the provisions of Order IX Rule 13 of the Code of Civil Procedure, 1908, inter alia, challenging the decree contending that the same was passed ex parte as he was prevented by sufficient cause from attending the Court and contesting the suit. The application so filed was numbered as G.A. No. 61 of 2017.;