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2016 Supreme(Gau) 178

N.CHAUDHURY
Assam Ashok Hotel Corporation Ltd. – Appellant
Versus
North East Chamber of Commerce and Industry (NECCI) – Respondent


Advocates Appeared:
For the Petitioner:Mr. P.B. Mazumdar, Advocate.

JUDGMENT :

1. Heard Mr. P.B. Mazumdar, learned counsel for the petitioner. None appears for the opposite parties although notice has been served.

2. The plaintiff of Money Suit No.61/2007 of the court of learned Civil Judge No.1, Kamrup at Guwahati has preferred this petition under Article 227 of the Constitution of India challenging the order dated 30.09.2010 whereby the learned trial court accepted the written statement of the defendants. The petitioner herein as plaintiff instituted the aforesaid Money Suit No.61/2007 against as many as six defendants praying for a decree for realization of Rs.15,81,422.95 along with interest both future and pendent lite. On being summoned the defendants appeared and after praying for adjournment on two dates ultimately filed a written statement within 90 days but the same was signed by the learned engaged counsel and not by the defendant No.2 who was entrusted by the defendant No.1 to sign the written statement as the defendant No.2 was out of station. The defendants filed an application on that day through the learned counsel praying for leave to permit defendant No.2 to verify and sign the written statement on the next date. The suit was therea







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