KISHAN BHARWANY Vs. V P AGGARWAL

JUDGEMENT

(1.) This is a suit for recovery under summary procedure of Order 37 of Code of Civil Procedure. It was with great difficulty that the summons of the suit for appearance were served. Service was effected by way of substituted service through publication in the newspaper "Statesman". Pursuant to the service the defendant entered into appearance within the prescribed period of 10 days as required by Sub Rule (3) of Rule 3 of Order 37 which reads as under:-

(2.) Again the plaintiff is finding it difficult to get the summons for judgment served at the address given in the notice of appearance. Summons have been received back on 9/10/2001 with the report that no such person is living at the given address. In respect of registered notice, the service report is still awaited.

(3.) The purpose of filing address at the stage of entering into appearance is to ensure that the summons of Judgment are served upon the defendant at the latest address as provided by the defendant so as to avoid passing of the decree in his absence. If defendant intentionally furnishes such address on which he cannot be served, he does so at his peril. Furnishing of address assumes additional importance if the summons of the suit are served by way of substituted service.