RAMESH CHANDER Vs. N P JAYANANDAN

JUDGEMENT

(1.) By this petition, the petitioner has assailed an order dated 22 nd August 2007 passed by Additional Senior Civil Judge, Delhi whereby an application of the petitioner under Order 37 Rule 4 CPC for setting aside a decree passed under Order XXXVII CPC was dismissed.

(2.) The petitioner was served notice of the suit under Order XXXVII CPC by ordinary process as well as through registered post. The ordinary process came back with the report of refusal on 14th September 2006 and the AD Card came back showing receipt of summons on 19 th September 2006. The petitioner did not put appearance in the Court within the stipulated period of ten days and instead after a period of more than one month, when the matter was listed before the Court, the petitioner put appearance with counsel and vakalatnama was filed. The trial court observed that there was no appearance within the stipulated period and decreed the suit.

(3.) In the application under Order XXXVII Rule 4 CPC, the plea taken by the petitioner is that the petitioner was not aware that he had to put appearance within ten days. He contacted the counsel and the counsel also did not advice him that he was to put appearance in ten days.