Company Application No. 289 of 1965 is an application for setting aside the exparte decree dated April 22, 1960, made in Company application No. 78 of 1960 in O.P. No. 374 of 1953 and Company Application No. 178 of 1966 is an application for rectification of the register of members of Cuddalore Construction Company Limited, in liquidation, and also for the deletion of the applicant as a contributory of the company.

The relevant facts are as follows: After due compliance with the requirements of section 184 and 186 of the Companies Act, 1913, with which we are concerned in this case, and rules 96, 97 and 98 of the Indian Company Rules (Madras), 1940, the official liquidator obtained a decree on April 22, 1960, whereby the applicant's as a contributory, was directed to pay a sum of Rs. 910 with interest thereon at 6 per cent. per annum from March 3, 1959. In fact, even at the stage when the list of contributories was sought to be settled, notices as required under law were attempted to be served on the applicant. At one time, the notice was returned with the endorsement "no such addressee". When the official liquidator made a call for the payment of the unpaid call money a