- (1.) Present Regular Second Appeal is directed against the concurrent findings of both the Courts below, whereby suit filed by plaintiffM/s Ram Lal Vijay Kumar Rice Mills, Mukerian [respondent herein] for recovery of Rs.3,22,449.65 as Principal amount and Rs.46,196/- as interest was decreed by the Court of first Instance vide judgment and decree dated 24.12.2007. The appeal filed by the defendant-Company was dismissed by learned Additional District Judge [Adhoc], Fast Track Court-II, Hoshiarpur vide judgment and decree dated 21.08.2012.
(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.
(3.) Learned counsel for the appellant mainly submitted that the appellant was proceeded against ex-parte on 21.12.2007 by the Court of first instance, as learned counsel representing the defendant could not appear before the Court below because of strike of lawyers. The said plea taken before the Court of first Appeal was also not considered. He further submitted that the Court of first instance decreed the suit just within three days of ordering the ex-parte proceedings against the defendant-appellant. There was no such time with the appellant for filing a revision because 22nd and 23rd December, 2007 were Saturday and Sunday respectively. The appellant was in Bombay and as such, he could not appear before the Court of first instance and the Court below has not considered this fact while passing the decree and the same facts were not considered appropriately by the Court of first Appeal. The same resulted into erroneous findings by both the Courts below causing grave injustice to the appellant. Prayer was made that the present appeal be accepted and the impugned judgments and decrees passed by the Courts below be setaside.;