MUKESH KUMAR Vs. MAAN SINGH

JUDGEMENT

(1.) Respondent is served. No one is present for the respondent in spite of the matter having been called out for the second time.

(2.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment of the Trial Court dated 8.9.2017 by which trial court has refused to condone the delay in filing of the appearance under Order XXXVII CPC and has decreed the suit. The delay in filing the appearance is of approximately 60 days.

(3.) Facts of the present case are that the appellant/defendant pleaded that he was served with summons of the suit under Order XXXVII CPC through his wife on 21.1.2017, however, since the next date of hearing mentioned in the AD card was 22017, hence the appellant/defendant who was in his village in Vaishali in Bihar for treating his old father was under a misconception that in the suit appearance will have to be put on 22017. On 15.2017 on coming back from village when the appellant/defendant went to his Advocate it transpired that the suit was under Order XXXVII CPC in which appearance was to be put within 10 days of the service, and therefore, it is argued that there is genuine misunderstanding on the part of the defendant for non-filing appearance in time in the suit filed under Order XXXVII CPC.