BANK OF BARODA Vs. NEERAJ AGGARWAL

JUDGEMENT

(1.) 1. Admit.

(2.) At request of learned Counsel for the parties, the petition is taken up for final disposal.

(3.) The petitioner filed a suit under the provisions of Order 37 of the Code of Civil Procedure, 1908 (hereinafter to be referred to as 'the Code') for recovery of amounts advanced by the petitioner bank to the respondent. The summons were served in the prescribed form on the respondent and the respondent filed the address of service. Thus, on 25.10.2005, it was directed that the petitioner would take necessary steps for issuance of summons of judgment. The petitioner failed to take the said steps and when the matter was listed on 13.12.2005 one further opportunity was granted for the said purpose and the case was re-notified for 28.1.2006. On 28.1.2006, the Trial Court noted that no summons of judgment had been issued and dismissed the suit for non-prosecution.