NARAYAN BANIK Vs. MAHABIR PRASAD TODI

JUDGEMENT

(1.) The Court : On a money suit being filed by the respondent herein for a decree of Rs.33,10,044.76 and other reliefs a learned single Judge of this Court by a judgment and order dated 12th April, 2007 decreed the suit in favour of the plaintiff directing the defendant thereto, i.e. the appellant herein, to pay to the plaintiff the sum of Rs.33,10,000/- only with interest thereon at the rate of 10% per annum from 21st December, 2000, being the date of institution of the suit till the date of the judgment.

(2.) This suit was decreed ex parte. The defendant did not appear. The case of the defendant was that it could not appear because the summons was not ever served upon him. More than two years after the suit was decreed the defendant came up with an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree.

(3.) The specific case of the defendant is that the addresses mentioned in the cause title of the plaint of the suit were 133/3A, Acharya Prafulla Chandra Road, Kolkata 700 006 and also 247/1/H, Acharya Prafulla Chandra Road, Kolkata 700 006. The defendant s specific case in the application was that at no point of time he resided at the premises no. 247/1/H, Acharya Prafulla Chandra Road, Kolkata 700 006 and that premises no. 133/3A, Acharya Prafulla Chandra Road, Kolkata 700 006 was his business address wherefrom he used to carry on his business. The second one was a tenanted premises and the tenancy was in the name of his friend. Suffering losses he had stopped the business. His specific case is that he resides at premises no. 246/C, Acharya Prafulla Chandra Road, Kolkata 700 006. As a proof of residence he has annexed a copy of the ration card which shows his address at no. 246/C, Acharya Prafulla Chandra Road, Kolkata 700 006.