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20. In D. T. Keymer v. P. Visvanatham Reddi, AIR 1916 PC 121, the facts were that a decree was granted by an English Court and the defence of the defendant in that case was struck off. The said defendant had denied the alleged agreement with the plaintiff, but since his defence was struck off, no single one of those matters was ever considered or was ever the subject of adjudication at all. In point of fact what happened was that, because the defendant refused to answer the interrogatories which had been submitted to him, the merits of the case were never investigated and his defence was struck out. He was treated as though he had not defended, and the judgment was given upon that footing. The Privy Council, therefore, observed that such a decision cannot be regarded as a decision given on merits of the case within the meaning of S. 13(b) of the Code.

21. A Full Bench of the Madras High Court in R. E. Mahomed Kassim and Co. v. Seeni Pakir-bin-Ahmed, AIR 1927 Mad 265, relying upon the aforesaid decision of the Supreme Court in case of Keymer, has observed as under:

" ... ... As I understand Mr. Alladi Krishnaswami Ayyar's argument, he says that it is not like the case of the defendant's defence being struck out for not answering interrogatories or being out of time or anything of the kind; for that may be held not to be a defence on the merits because ex hypothesis the position is the defendant was precluded from going into the alleged merits which he had set up and he says it is quite different where the defendant does not appear at all because that is a clear intimation by him that he admits the validity of the plaintiffs claim and that is just as good as if the plaintiff has actually proved it by evidence. I think the decision of their Lordships of the Privy Council impliedly excludes any such distinction and I regret to say that I cannot agree with the attempt made by two learned Judges of this Court to draw this distinction in Janoo Hassan v. Mahomad Ohuthu, AIR 1925 Mad 155, and I think that the case must be regarded as no longer law."