DOLF LEADING LIMITED Vs. VIJAY CABLE INDUSTRIES

JUDGEMENT

(1.) IA 7966/2001 is an application under Order 37 rule 2 sub-rule 3 read with Section 151 Civil Procedure Code for decreeing the suit.

(2.) This is a suit filed under the summary procedure of Order 37 Civil Procedure Code for recovery of Rs.53,08,359,72.00.

(3.) A perusal of the report on the summons for entrance issued under the provision of Order 37 Rule 3 Civil Procedure Code shows that the process server made a report dated 23/2/2001 that he reached the addressed place and met a lady , who disclosed herself to be the wife of the proprietor of the plaintiff firm and that the lady told that the proprietor is out of station and refused to take summons. Again the process server went to the premises on 25/4/2001 and reported that he reached the addressed place and met a man who disclosed himself to be son of the proprietor of the plaintiff firm Mr. Vaibhav Bhatia and that the man told that the proprietor is out of station and refused to take summons and on 23/6/2001 a man who disclosed himself to be a servant found but he too refused to take service. Again on 28/7/2001 wife met and refused to take summons.