SUNIL ALAGH Vs. SHIVRAJ PURI

JUDGEMENT

(1.) IA No.6002/2017 of the defendants under Order 37, Rule 3 (5) of the CPC). The two defendants Shivraj Puri and Raghuraj Puri, in this suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) for recovery of Rs.9,15,00,000/-, pursuant to service (stated to be on 3rd April, 2017) of the summons for judgment, on 12th April, 2017 (re-filed on 12th May, 2017) filed this application for leave to defend with affidavits in support thereof of both the defendants.

(2.) The application though re-filed on 12th May, 2017 i.e. after more than seven days of the original filing on 12th April, 2017 is not accompanied with any application for condonation of delay in re-filing. Re-filing beyond seven days, in law is a fresh filing. The application filed on 12th May, 2017 is clearly beyond the time of ten days prescribed in Order 37, Rule 3 (5) from stated date of service of the summons for judgment on 3rd April, 2017 and liable to be rejected on this ground alone. In fact on perusal of the office file it is found that the summons for judgment were served, at the address given in the Memo of Appearance, on the counsel for the defendants on 1st April, 2017. The first filing on 12th April, 2017 also was thus beyond time.

(3.) The application is liable to be dismissed on this ground alone. However since during the hearing counsels have not addressed on the said aspect and have been heard on merits, I refrain from doing so.