ANUJ KUMAR SINGH Vs. YOGENDRA PRASAD SINGH

JUDGEMENT

(1.) The appellant has challenged the judgment dated 11th April, 2016 whereby the learned Trial Court has declined to condone the delay of six days in filing the application for leave to defend and has passed the decree against the appellant under Order 37, Rule 3(6) of CPC.

(2.) There is no appearance on behalf of the respondent despite the matter having been passed over twice. It is 3:00 p.m.

(3.) The respondent instituted a suit for recovery of Rs. 8,10,000/- against the appellant in which the notice was issued to the appellant. The appellant received the summons on 8th July, 2014 and entered appearance under Order 37, Rule 3 of CPC on 14th July, 2014. On 30th August, 2014, the appellant received the summons for judgment in pursuance to which he filed an application for leave to defend on 16th September, 2014. The appellant also filed an application for condonation of delay of six days in filing the application on the ground that the appellant was not able to read and understand English Language and, therefore, could not understand the technicality for filing of leave to defend application within 10 days. The appellant claimed to be under the impression that the matter was listed before the Trial Court on 18th September, 2014 and, therefore, the appellant handed over the summons to his counsel after 11 days of receiving it.