KAMLESH KUMARI Vs. MATRAM

JUDGEMENT

(1.) THE plaintiffs filed the suit for recovery of Rs.24,15,000/ - along with pendente lite and future interest @12% per annum under Order XXXVIICPC. The suit was listed before Court on 5th July, 2013. The summons were issued to enter appearance in the format prescribed under Order XXXVII CPC to the defendant for 21st November, 2013.

(2.) IN the meanwhile, an application for summons for judgment was filed by the plaintiffs, being I.A. No.14372/2013. It was noticed by the Joint Registrar that there was no appearance on behalf of the defendant on record. On 21st November, 2013 when the matter was listed before the Joint Registrar, it was recorded that the application for summons for judgment was not pressed as there was no appearance on behalf of the defendant. The matter was placed before Court on 30th January, 2014.

(3.) ON 2nd September, 2014, the defendant's above mentioned application was listed before Court when the notice was issued to the plaintiffs through counsel for 18th September, 2014. In the application, the averment was made by the defendant that the defendant put in his appearance in the matter vide application under Order XXXVII Rule 3 (1) read with Section 151 CPC which was filed in the Registry. It is also stated in the application that the defendant came to know about the passing of the decree when the defendant received the notice of Execution Petition No.226/2014. The defendant thereafter made an inquiry from the Registry and came to know that the appearance filed by the defendant did not come to the notice of the Court. Therefore, the judgment was passed in the matter.