Judgement

SUBBA RAO, J. : This appeal by special leave is directed against the order of the Punjab High Court confirming that of the Subordinate Judge, Delhi, striking out the defence of the appellant under S. 151 of the Code of Civil Procedure, hereinafter called the Code.

2. Kanhaya Lal Bhargava, the 1st respondent, filed a suit on April 27, 1962, in the Court of the Subordinate Judge, First Class, Delhi, against Messrs Ram Chand and Sons Sugar Mills Private Limited, the appellant, and one Ram Sarup for the recovery of a sum of Rs. 45,112.94. Pending the suit, on October 27, 1964, the 1st respondent filed an application in the said Court under O. XI, R. 21 of the Code, read with O. XXIX. R. 3, thereof for striking off the defence or in the alternative for directing Jugal Kishore, a director of the Appellant-company, to appear in Court on December 14, 1964. On December 3, 1964, the Court made an order therein directing the said Jugal Kishore to be present in Court on December 14, 1964, to answer material questions relating to the suit. The appellant took a number of adjournments to produce the said Jugal Kishore on the ground that the latter was ill. On February 3, 1965, the Court g