Shamsher Bahadur,j.

( 1 ) THIS is a rule at the instance of Messrs. Ram Chand and Sons, Sugar Mills (Private) Limited of Bara Banki, directed against the order of the Subordinate Judge, 1st Class Delhi, striking off its defence under the provisions of section 151 of the Code of Civil Procedure.

( 2 ) A suit was brought by Kanhya Lal Bhargava the first respondent as far back as of April 27, 1962, for recovery of a sum of Rs. 45,112. 94 P against the petitioner company and one Ram Sarup. It appears that the shareholders of the company are relations of each other and its registered office is in Bara Banki in the State of Uttar Pradesh. Apparently this case his not progressed very far and is still in its preliminary stages. An application was filed by the plaintiff-respondent under Order 11,rule 21 read with Order 29, rule 3 of the Code of Civil Procedure on 27th of October, 1964, in which it was prayed that the defence of the defendant-company be struck of or in the alternative Shri Jugal Kishore, permanent director at the company, should appear in the Court. Notice of this application was given to the counsel for the defendant company and be filed a reply on 23rd of November, 1964. A

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