N K SHARMA Vs. K G ARYA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 10th April, 2003, of the Additional District Judge, Delhi in RCA No. 7/2002, whereby the learned Judge has dismissed the appeal arising out the judgment and decree dated 5th October, 2002, passed by the learned Civil Judge decreeing the suit while not allowing the appellant to lead evidence as defence had not been entered upon by the appellant within ten days of the receipt of notice under Order 37 Rule 3, CPC."

(2.) The brief facts of the case as noted by the Additional District Judge are as follows:

(3.) After service of summons under Order 37, CPC, the defendant had put in appearance on 6.8.2001 through his Counsel Sh. Suresh Sharma, Advocate. Thereafter summons for judgment were sent to the defendant which were served upon him on 13.10.2001. The defendant however, filed an application for leave to defend the suit on 23.11.2001. Along with the said application, an application under Section 5 of the Limitation Act was also moved and by the impugned judgment the said application has been dismissed and the suit was decreed.