ASHA GUPTA Vs. SANDEEP GUPTA

JUDGEMENT

(1.) IA No. 6168/2008 This application under Order 47 Rule 1 read with Section 151 of the cpc has been preferred by the applicants/defendants for review of the order dated 29th April 2008 passed by this Court wherein this Court observed that the defendants/applicant were served on 3rd March 2007 and the written statement was being filed on 6th August 2007, much beyond the period of 90 days and that too without there being any accompanying application for condonation of delay.

(2.) LEARNED counsel for the applicants/defendants submitted that there was an error on the record and the defendants were not served on 3rd March 2007 but were served on 28th March 2007. The other ground for review is that the order was harsh. In response to this application, the plaintiff has stated that the plea taken by the applicants/defendants that they were served on 28th March 2007 was false and the applicants were served on 3rd March 2007 itself. The summons dated 17th February 2007 prepared by the Registry were served on the defendants through courier on 28th February 2007 and summons through ordinary process were served on 3rd March 2007.

(3.) A perusal of record shows that that plaintiff filed an affidavit of service of the defendants in pursuant to the Order 39 Rule 3 CPC wherein it has been stated that the summons were sent by courier on 27th February 2007 to all the five defendants. The affidavit of plaintiff"s representative filed on 28th march 2007 shows that a complete set of paper book including the copy of plaint and all documents were sent to the defendants by courier and proof thereof were placed on record.