V S GURUMANI Vs. V M SUNDARAM

JUDGEMENT

(1.) By this judgment, I propose to dispose of the present suit filed under the provisions of Order 37 of the Code of Civil Procedure, 1908 seeking a recovery of Rs. 21,38,158/- by the summary procedure. The claim is based on dishonouring of twenty cheques issued by the defendant which were for the total sum of Rs. 14,81,000/- and interest thereon to the extent of Rs. 6,57,158/-.

(2.) The defendant could not be served by ordinary process and by registered cover despite efforts in this behalf. Accordingly, service on the defendant was effected by the alternative mode by issuance of a proclamation under Order 5 Rule 20 of the Code of Civil Procedure. The summons were published in the Delhi Edition of the Statesmen dated 8th August, 2006. The service was accepted as adequate service by the order dated 24th August, 2006. Inasmuch as the defendant failed to enter appearance, the matter was placed before this court on the 6th of October, 2006.

(3.) For failure to enter appearance in accordance with law, in accordance with the provisions of Order 37 of the Code of Civil Procedure, this court ought to have proceeded to judgment. However, perusal of the record shows that the cheques which were the basis of the present suit were not filed in original, on the plea that the same stand filed in proceedings taken by the plaintiff against the defendant under Section 138 of the Negotiable Instruments Act, in the Court of the learned Metropolitan Magistrate. In these circumstances, by order passed on 6th October, 2006, it was observed that the negotiable instruments which were the basis of the suit had to produced or proved on record in accordance with law. In these circumstances, in the absence of the original documents, the plaintiff was directed to file its examination in chief on affidavit in support of its case and given liberty to summon the records from the concerned courts to prove the documents relied upon.