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1961 Supreme(Ori) 84

MISRA
JADABANDNDA BBUYAN – Appellant
Versus
FIRM THE NEW ORISSA TRADING UNION – Respondent


Advocates Appeared:
L.K. Dasgupta, G.G. Das and H.C. Ray, for the Appellant; Rajendra Ch. Mohanty, for the Respondent

JUDGMENT :

Misra, J. - The Appellant was Defendant No. 3 in both Original suit Nos. 60 and 69 of 1932, instituted by the resent Respondents as Plaintiffs for recovery of Re. 6350/- and Rs. 17,215/- respectively. There were five other Defendants against some of whom no relief had been claimed in the said suits. Defendants 1 and 2 in both the suits were firms, and the Appellant had been alleged to be the managing director of those two firms on behalf of whom he was said to have taken the respective suit loans from the Plaintiffs. Both the suits were contested by Defendant No. 1 and were dismissed against Defendants 1 and 2: while decreed exparte against the Appellant on 213-2-1956. Execution cases were filed against the Appellant-judgment-debtor on 3-9-1956, and notice under Order 21, Rule 22, CPC was serves in the execution proceedings under Order 5, Rule 20 Code of Civil Procedure. Notice u/s 14 of the Money Lenders Act was also directed against the Appellant and was accepted as sufficient on 30-8-1957. Thereafter, on 20-9-1957, the Appellant filed two petitions under Order 9, Rule 13 CPC for setting aside the two exparte decrees. He alleged that he first came to know of those two e













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