DIPAK KUMAR SEN, J.

( 1 ) VISHNU Agencies (Private) Ltd. instituted the above suit being Suit No. 2166 of 1963 in this Court against the Union of India claiming, inter alia, delivery of certain Government Promissory notes of the value of Rs. 25,000/-; alternatively, a decree for Rs. 25,000/-, a decree for further Rs. 4,020/-, a decree for the amount of interest on the said Government promissory notes after 31st July 1953, further interest and costs.

( 2 ) THE Union of India entered appearance in the suit and filed its written statement.

( 3 ) THE suit appeared in the peremptory list and on the 4th Oct. 1983 a decree was passed in the suit ex parte against the Union of India.

( 4 ) ON or about the 3rd April 1984 the Union of India made an application before the trial Court, inter alia, for the following orders: (a) The said ex parte decree passed be set aside or recalled. (b) An injunction restraining the plaintiff from taking any step for drawing up and completing the said decree. (c) The suit be directed to appear in the list for hearing within a time to be fixed.

( 5 ) IT was alleged in the petition, inter alia, that from a letter D/-7-3-1984 from the plaintiff to the Iron a

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