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1. This appeal is directed against an order of Mrs. Pratibha Bonnerjea, J. dt. 30th Nov., 1981 dismissing the appellant's application for recalling and/or setting aside of an ex parte decree dt. the 27th April, 1981 (wrongly mentioned in the petition as 6th April, 1981).

2. On or about 12th Feb., 1976 the respondent filed a suit against the appellant being Suit No. 61 of 1976 (Swastik Stainless Steel Stores v. Ranipet Chemicals and Engineering Co. Pvt. Ltd.) for Rs. 1,78,347.76 p. on account of damages; interest and for other reliefs.

23. For all the reasons stated above the appeal succeeds. The appeal is allowed. The ex parte decree dt. 27th Aprl. 1981 passed in Suit No. 61 of 1976 (Swastik Stainless Steel Stores v. Ranipet Chemicals & Engineering Company (Private Limited) is set aside. The appellant (the defendant in the above suit) will give inspection of the documents disclosed by it within three weeks from today. The suit will appear in the appropriate Prospective List after five weeks from today. In the facts and circumstances of this case the appellant will pay to the respondent the cost of the appeal and the cost thrown away for setting aside of the ex parte decree dt. 27th Aprl. 1981 as of undefended suit.