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1956 Supreme(All) 189

ROY
ARYA INSURANCE CO. LTD. – Appellant
Versus
LALA CHANNOOLAL – Respondent


Advocates Appeared:
B.R.Avasthi, M.N.Shukla

ROY, J.


( 1 ) THESE two civil revisions by the defendant arise out of two different orders passed in the same suit. The suit was instituted by Chhannoo Lal, the plaintiff-opposite-party, for recovery of certain sum as salary. Under the provisions of Order XI of the Code of Civil Procedure the defendant, on an application by the plaintiff dated the 22nd of August, 1953, was called upon to answer certain interrogatories and to make discovery of certain papers. Twelve days time was initially granted to comply with the order. On the 5th of September, 1953, time was extended by twenty days on defendants application, which was again extended on 23rd September, 1953, by three weeks. The defendant still failed to comply with the order, with the result that the court suo motu granted further time and it finally passed an order on plaintiffs application No. 63-C dated 31st october, 1953, to the following ef feet:

"defendant has not filed either answer or objection. The defence of the defendant is struck o (f. Suit be heard ex paite on the date fixed".

This order was passed without notice to the defendant on 31st October, 1953, under the provisions of Order XI Rule 21 of the Civil Procedure Co










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