P.G. Agarwal, A. Hazarika, JJ. - (1.) Heard Mr. B.D. Das, learned Counsel for the appellants and Mr. G.N. Sahewalla, learned Senior Counsel for the respondent.
(2.) The respondent /plaintiff Pranab Kumar Phukan instituted the Money Suit No. 16/2003 before the Civil Judge, Senior Division, Golaghat claiming a sum of Rs. 35,50.593.87 paise. being amount of dues against the work done including the interest thereon. There are as many as 5 defendants andthe suit proceeded ex-parte against them and the defendants failed to file written statement and thereafter. vide Judgment and decree dated 28.7.2004 the suit was decreed for the amount as prayed for and hence the present appeal.
(3.) It Is submitted that the appellants were not served with the notices and the impugned judgment and decree has been passed in contravention of the provisions of law and without recording the evidence and without any materials on record.;