LAWS(DLH)-2002-4-41

RAJESH ARORA Vs. MUKESH JAIN

Decided On April 19, 2002
RAJESH ARORA Appellant
V/S
MUKESH JAIN Respondents

JUDGEMENT

(1.) . The short controversy involved for determination is whether summons for judgment were duly served upon defendant nos.1 & 2 at the address furnished by defendants 1 & 2 in the notice filed while entering into appearance.

(2.) . Admittedly, the address on which defendants 1 & 2 were served summons of the suit as well as notice sent by the plaintiff was 9/6172, Gali Jain Mandir, Gandhi Nagar, Delhi-110 031. It is also admitted that while entering into appearance on service of summons defendants 1 & 2 filed address for service of notice on them as 9/6178, Gali Jain Mandir, Gandhi Nagar, Delhi.

(3.) . In order to show that defendant nos.1 & 2 has intentionally given wrong address, learned counsel for the plaintiff has referred to the reports of service of the summons as well as various notices and the reports of postman with regard to summons for judgment sent at the address mentioned in the plaint as well as address from where notices sent by the counsel for defendant nos.1 & 2 were received by the plaintiff. According to the reports on the summons for judgment at the address bearing No.9/6172, Jain Mandir, Gandhi Nagar, Delhi was that intimation has been delivered.