PAL JAIN Vs. MULAKH RAJ

JUDGEMENT

(1.) Respondent, Mulakh Raj, had filed a suit for the recovery of Rs. 10.172.00 under the provisions of Order 37 of the Code of Civil Procedure. This suit was filed on or about 1st June, 1977. It came up before the court on 3rd June, 1977 when the court directed that the suit be registered and summons under Order 37 be issued to the defendant/petitioners for 9th August, 1977. The defendants were served with the summons under the provisions of Order 37 Rule 2 of the Code of Civil Procedure on 12th October, 1977. On 19th October, 1977 the defendants caused the vakalatnama to be filed on their behalf through Sh. P.D. Gupta, Advocate.

(2.) The suit came up before the court on 19th October, 1977 and it appears that the counsel for the defendants had filed a power-of-attorney executed in his favour by the respondents on that date. The order sheet of 19th October, 1977 is not very legible and it cannot be said whether counsel for the defendants was present when the suit was taken up by the court on that date.

(3.) However, the suit was adjourned to 24th October, 1977. On 24th October, 1977 both the counsel for the parties were present and it was noticed in the order sheet "that vakalatnarna for appearance has been filed. For further proceedings to come up on 14th November, 1977 as the address form has not been filed."