THOMSON PRESS INDIA LIMITED Vs. ADVERTISING PLUS

JUDGEMENT

(1.) This is a summary suit under Order XXXVII of the Code of Civil Procedure for the recovery of Rs. 6,13,491.00 (Rs. six lakh thirteen thousand four hundred ninety-one only) alongwith pendente lite and future interest @ 21% till the realisation, and for costs.

(2.) Summons in the prescribed form under Order XXXVII of the Code of Civil Procedure were issued on various occasions and service on the defendants was finally affected on 17.2.1999. These notices also indicated that the suit would be listed on 24.2.1999 before the Joint Registrar of this Court, for further directions.

(3.) As envisaged in Order XXXVII, Rule 2(3) the defendant was to enter appearance and in default of his entering appearance the allegations in the plaint would be deemed to have been admitted. The plaintiff was thereupon entitled to a decree for any sum, not exceeding the sum mentioned in the summons, together with interest at the rate specified upto the date of the decree and such sum for costs as may be determined by the Court.