BABU LAL YADAV Vs. R.S. YADAV

JUDGEMENT

(1.) In the present revision petition, challenge has been laid by the petitioner to an order dated 10.09.2009 passed by the learned ADJ, allowing the application for condonation of delay filed by the respondents (defendants in the court below) in a summary suit for recovery filed by the petitioner (plaintiff in the court below) under the provisions of Order XXXVII CPC, subject to payment of costs of Rs.1,000/-. Before proceeding to deal with the grounds taken by the petitioner to assail the impugned order, it would be necessary to briefly advert to the sequence of events resulting in passing of the said order.

(2.) On 19.05.2009, the petitioner (plaintiff in the court below) instituted a summary suit under Order XXXVII CPC praying inter alia for a decree of Rs.5,40,000/- with interest against the respondents (defendants in the court below). The aforesaid suit was registered by the learned ADJ on 20.05.2009 and summons were directed to be issued in the prescribed format to the defendants on filing of process fee and registered cover, returnable on 31.07.2009. A perusal of the trial court record shows that while the respondents/defendants remained unserved by ordinary process, service was duly effected on them by Registered Post. A perusal of the Registered AD covers placed on the record shows that the same were dispatched from the post office at Patiala House, New Delhi on 25.05.2009, but the date of receipt of the summons is not indicated on the AD covers.

(3.) On 31.07.2009, counsels for the parties were present in Court. Counsel entered appearance on behalf of the respondents/defendants and prayed for some time to file the written statement. The order dated 31.07.2009 is reproduced hereinbelow:-