C.R. CORERA Vs. CHIEF SECRETARY, GOVT. OF PONDICHERRY

JUDGEMENT

(1.) THE appellant -firm had taken on lease several units of machinery, instruments, godown etc. from the Port Department attached to the Government of Pondicherry. The firm had to pay Rs. 27,495.74 as arrears in respect of the above leases. The Chief Secretary to the Government of Pondicherry filed a suit against the defendant in the year 1970, viz., O.S. No. 18 of 1970, for recovering this amount with interest. The petitioner denied his liability to pay the amount and pleaded set -off stating that by way of demurrage he was entitled to about Rs. 80,000.

(2.) THE suit was posted for trial on 20 -10 -1970. The advocate who appeared for the petitioner filed an application for adjournment, producing medical certificate. The matter was adjourned to 2 -12 -1970. On that date, the representation was that the petitioner (partner representing the firm) had a heart attack. The suit was then adjourned to 21 -12 -1970. On further request it was adjourned to 8 -1 -1971 for trial. On that date, the petitioner's advocate reported no instructions and the petitioner being absent, was set ex parte. On 11 -1 -1971, P. W. 1 was examined on the side of the plaintiff for proving the claim, and the suit was decreed.

(3.) SUBSEQUENTLY , the petitioner filed I. A. No. 926 of 1973 under Order 9, Rule 13, Civil P. C. requesting the Court to set aside the ex parte decree passed against him on 21 -8 -1972. The learned Judge heard the counsel and rejected this application, stating that the decree passed on 21 -8 -1972 was one under Order 17, Rule 3, Civil P. C.