REHNA JALIS Vs. JITENDER

JUDGEMENT

(1.) THIS appeal under Section 96 of the Code of Civil Procedure is made to assail impugned order passed by Additional District Judge on 4. 7. 2007 whereby an application of the defendant/appellant herein made under Order 37 Rule 4 CPC for setting aside the decree dated 31. 8. 2006 was rejected.

(2.) BRIEF facts as set out in the appeal as also noticed in the plaint are that the plaintiff/respondent herein filed a suit in the court below for a sum of Rs. 5,76,200/- under the provisions of Order 37 CPC.

(3.) SUMMONS in the prescribed form were sent to the defendant by the trial judge directing the defendant to enter appearance within ten days from the date of service. The defendant entered appearance before the trial judge on 24 11. 2005, however, it came to the notice of the defendant that a decree had already been passed in favour of the plaintiff and against the defendant on 24. 12. 2005 on the ground that the defendant failed to enter appearance within ten days of service of summons.