HDFC Vs. ANIL LALU

JUDGEMENT

(1.) The plaintiff had filed this suit for recovery of money under Order 37, CPC. Summons in Form IV Appendix B, Civil Procedure Code were served upon the defendant on May 14,1999. In terms of Order 37, CPC, the defendant on receipt of summons is required to enter appearance within 10 days from the date of service of summons upon him. As the summons were served upon the defendants on 14th May, 1999 the appearance was required to be entered on or before 24th May, 1999. The defendants however, entered appearance only on 19th July, 1999 and have filed this application for condonation of delay in entering appearance.

(2.) The case set up by the defendants tor condonation of delay in entering appearance is that in the summons itself it was mentioned that the suit will be listed again on July 20,1999 before the Joint Registrar and because of this date appearing on the summons the defendants were misled and they remained under the impression that they had to enter appearance only on 20th July, 1999 when the matter will be listed before the Joint Registrar of the High Court. It is stated that it was only on or about 10th July, 1999 when representative of the defendants met the Counsel that he was informed that in terms of Order 37 of the Code, the defendants were required to enter appearance within 10 days from the receipt of summons. Thereafter, application was prepared, Vakalatnama was received and the present application filed on 19th July, 1999.

(3.) Reply to the application has been filed by the plaintiff and all that has been stated is that the defendants were wholly negligent in not pursuing the case diligently and there was no reason as to why the appearance was not entered within 10 days from the date of service of the summons upon the defendants when it was specifically stated on the summons that the appearance was so required to be entered within 10 days.