COLLECTOR OF CUSTOMS BOMBAY Vs. RAMAJAIN HOSIERY

JUDGEMENT

(1.) Learned Counsel submits that a last opportunity should be given to the appellant by allowing him to serve the Chamber Summons which has been taken out on 7/10/1995, that is to say, about two months after the Office Report on default which is before us. The Office Report indicates that the appellant has taken no action despite letters dated 30/06/1992 and 11/02/1993 and even after a default notice dated 25/11/1993. Those who approach this court should be diligent. Taking out a fresh Chamber Summons two years after the default notice is not diligence. Counsel states that the appellant had been ascertaining whether service had been effected. If theappellant requires three years' time to ascertain whether service has been effected, something is clearly very wrong. The Civil is dismissed for default.