Law:

Section:

Civil Procedure Code (V of 1908).- ----S. L2(2), OJVII, Rr. 2 & 3---Suit for recovery of amount---Validity of decree challenged---suit was filed against six defendants---Three defendants appeared in C0arand admitted claim of plaintiff while remaining three neither appeared nor filed application for leave to appear and defend suit--­Two decrees were passed by Court in respect of same amount, one against defendants who teed u, Court and admitted claim of plaintiff and other against remaining defendants who failed to appear and defend suit ---held, it would not mean k those two decrees- would be executed separately and plaintiff would be entitled to recover total amount of two decrees, but would be executed jointly 0o severally to the extent of amount mentioned in decree itself---By passing decrees which was permissible in law, it could not be contended that tenants and decrees were without jurisdiction or were obtained by fraud. ORDER This is application under section 12(2), C.P.C. for setting aside the judgment and decrees passed against defendants Nos. 1, 2, 3, 4, 5 and 6. The defendant Nos, l and 6 had filed application under Order 37, Rule 3, C.P.C. for leave to appear and defend the suit. Defendant No. 'I had filed supporting affidavit and in para 5 it was stated that:-- 'The plaintiff's outstanding dues against the defendant No.1 company are only Rs.9,151,075.42 and not Rs.10,609,931.31 wrongly claimed by the plaintiff in its wrong statement of account." In view of this admission made by the defendants Nos.1, 3 and 6 on 28-10-1987 a decree on admission was passed for this amount only and leave to appear and defend the suit was granted in respect of the balance amount of the claim. When the matter came up for hearing on 13-12-1987 defendants No. 2, 4 and 5 were absent and as no application for leave to appear and defend had been filed by them a decree in the sum of Rs.91,51,075.42 with interest @ 14% was passed against them also. Subsequently an application under section 152, C.P.C. was made by the plaintiff and by an order which I have announced today decree against defendants Nos.1, 3 and 6 has been amended to include. the relief of Order 34, rule 4,…

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