Amitava Lala, J. - (1.) This is a suit for decree for recovery of vacant possession of the premises fully described in Schedule annexed hereto and marked as "C". Leave under Order 2 Rule 2 of the Civil Procedure Code, mesne profit at the prescribed rate and also an alternative prayer for enquiry to ascertain the damages and/or mesne profit payable by the defendant and a decree for such sum as may be found due and payable to the plaintiff upon such enquiry.
(2.) By an order passed by a Single Bench of this Hon'ble Court as on 17th December, 1998, in disposing an application the defence of the defendant was striken out.
(3.) Although the defence was striken out and the suit was pending before this Court but at the time of call nobody on behalf of the defendant company came forward with a grievance for cross-examining the witness.;