GAUTAM BUDHA UNIVERSITY Vs. EFFICIENT BOOK DISTRIBUTORS

JUDGEMENT

(1.) This is an appeal against the impugned judgment/order dated 24th August, 2016 by which the delay in filing of memo of appearance by the Appellant/Defendant Gautam Budha University (hereinafter, "Defendant University") was not condoned leading to the suit of the Respondent/Plaintiff (hereinafter, "Plaintiff"), filed under Order 37 CPC, being decreed in the following terms:

(2.) The brief background is that the Defendant is the Gautam Budha University which has filed the present appeal. The Plaintiff - M/s Efficient Book Distributors claims that it made continuous supply of several books to the University for which payments were not made. Accordingly, the suit came to be filed, under Order 37 CPC, with a prayer for recovery of amount of Rs.36,93,531/- along with the future and pendente lite interest. Along with the suit, the Plaintiff placed on record the various purchase orders and invoices and also the ledger account.

(3.) Summons under Order XXXVII CPC was issued on 12th February, 2014 by the Joint Registrar of this Court as the suit was filed on the Original Side of the Delhi High Court. The Defendant University was served with the summons on 26th March, 2014, however, they did not enter appearance and the matter was placed before the Court on 21st August, 2014. By the time, the matter was listed before the Court, the University filed an application seeking condonation of delay in filing the memo of appearance under Section 5 of the Limitation Act. In the said application, two paragraphs are relevant and are set out herein below: