EXPRESSION ENTERPRISE & 2 Vs. S V ENTERPRISE

JUDGEMENT

(1.) Heard learned advocate Mr. Dhaval D. Vyas for the petitioners and learned advocate Mr. Vishal J. Dave for the respondent. Perused the record.

(2.) Petitioners herein are original defendants whereas respondent is original plaintiff in Summary Suit No. 46 of 2013 before the Court of Principal Civil Judge of Surat, who has vide its judgment dated 18.09.2013 refused to accept the Vakalatnama and, thereby, appearance of present petitioners being defendant in that suit. Parties are referred in their original capacity.

(3.) It is undisputed fact that plaintiff has filed such suit as per the provisions of Order 37 of the Code of Civil Procedure (herein after referred to as "Code") as Summary Suit. Summons of which, was served upon the defendants on 20.05.2013 and, therefore, they have to file their appearance on or before 07.06.2013 pursuant to the provisions of Order 37 Rule 3 of the Code. Therefore, when defendants have filed their appearance on 18.06.2013 i.e. after 9 days, the trial Court has refused to accept the appearance by endorsing the Vakalatnama "fixed for hearing". Thereafter, by impugned order dated 18.09.2013 such Vakalatnama was refused to accept on record. On the same day i.e. on 18.06.2013 with such Vakalatnama, the defendants have also filed an application for adjournment, which is marked at exhibit 14 and by an order dated 03.08.2013, such application was also rejected on the ground that defendants have not appeared in prescribed period of limitation as per Order 37 Rule 3(1) of the Code.