ECGC Limited Formerly Export Credit Guarantee Corporation of India Limited vs Dave Exports Through Proprietor Sharad Dave

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Raj) 179

ASHOK KUMAR JAIN
ECGC Limited Formerly Export Credit Guarantee Corporation of India Limited – Appellant
Versus
Dave Exports Through Proprietor Sharad Dave – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ashish Saksena
For the Respondent: Mr. B.C. Jain, Mr. Virendra Dave, Mr. Ritwick Dave

ORDER :

1. Instant revision petition is preferred by the petitioner/plaintiff/non-applicant aggrieved from order dated 06.01.2017 in Civil Misc. Application No. 192/2012 passed by learned Additional District Judge No.6, Jaipur Metropolitan whereby an application under Order IX Rule 13 read with Section 151 CPC filed by defendant no.1/respondent/applicant was allowed and judgment and decree dated 03.01.2012 in civil suit no. 271/2008 (168/2006), in favour of petitioner/plaintiff was set aside.

2. In brief, the facts of the matter inter alia are that a civil suit filed by petitioner/plaintiff on 13.11.2006 for recovery of Rs.37,05,172/- along with interest of 11% p.a. from 07.02.2004 till institution of suit, and 12% p.a. after institution of suit, wherein Defendant no.1 applicant has filed written statement but no written statement was filed on behalf of respondent/defendant no.2. On the basis of pleadings of the parties, four issues were framed. After examination of three witnesses, the evidence of plaintiff was closed on 07.07.2011 and thereafter the matter was fixed for evidenc