NEERAJ KUMAR Vs. DARYAO SINGH KHATRI

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 19.5.2003 decreeing the suit filed by the respondent/plaintiff under Order 37 CPC for a sum of Rs.3 lakhs with interest @ 24% per annum pendente lite and future.

(2.) THE suit has been decreed inasmuch as it was held that the application for leave to defend was not filed within the prescribed period of limitation after service of summons for judgment, though, an application for leave to defend, existed on record much earlier even to service of summons for judgment.

(3.) THE trial Court refers to the fact that service of the summons for judgment in the suit was on 6.3.2003 and, therefore, the application for leave to defend should have been filed thereafter within ten days. The appellant/defendant had already filed the application for leave to defend which was on the record of the trial Court even before service of the summons for judgment on 6.3.2003. This application for leave to defend is dated 13.1.2003 which was admittedly on record.