SARDAR VALLABHBHAI PATEL SMARAK TRUST Vs. SAMARTH NANGIA

JUDGEMENT

(1.) VIDE IA No. 18634/2010, the plaintiff has sought recall of the order dated 26th August, 2010, whereby this Court noting that though as per affidavit of service the defendant was stated to have been served, the ordinary process, had been received with the report "defendant is out of station?, and further noting that Registered A.D. cover had not been received back, directed issue of fresh process to the defendant for 02nd November, 2010. It is alleged that on 03rd July, 2010, the defendant was personally served at his residence at A-7, NDSE, Part-II, New Delhi, on identification by Shri S.S. Mishra, representative of the plaintiff. It is further alleged in the application that Senior Superintendent of Post Offices, vide his letter dated 22nd September, 2010 sent to the counsel for the plaintiff, has confirmed that Registered Letter No. 9163 received from Delhi High Court on 06.06.2010 was delivered to the addressee on 07.06.2010. In view of personal service as well as service by registered post, the plaintiff has sought recall of the order dated 26.08.2010.

(2.) VIDE IA No. 16007/2010, the plaintiff has sought pronouncement of judgment against the defendants on the ground that despite service of summons on him, he had filed failed to file written statement within the time prescribed in this regard.

(3.) DURING the course of arguments, it was expressly admitted by the learned counsel for the defendant that the summon sent to the defendant by registered post was actually received at A-7, NDSE Part-I, New Delhi on 07th June, 2010. He also admitted that the suit summon was also received by the defendant personally on 03rd July, 2010.