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Default judgment in a commercial debt claim for unpaid motorcycle supplies. The court awarded the principal sum, general damages, interest, and costs, but rejected accrued interest for lack of proof.
The court found that the Judgment Debtor was properly served but failed to appear or pay the decretal amount, and that normal execution had failed due to inability to trace the debtor's property. Therefore, the requirements for arrest and detention as a civil prisoner under Order XXI Rule 35 (1) and (2) were satisfied.
Source excerpt
Summary judgment is granted as defendants were properly served, failed to file any defence, and are jointly and severally liable for repayment of the loan and enforcement of mortgage security.
Source excerpt
The High Court entered judgment for the plaintiff after the defendant failed to file a defence, having been served by publication.
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