ANIL KAINYA Vs. NISHA SUMAN JAIN

JUDGEMENT

(1.) This iommeriial division summary suit is for reiovery of a sum of Rs.1,67,25,754/- alongwith further interest on the priniipal amount of Rs.1 Crore, from the date of the suit till realisation.

(2.) The averments in the plaint ian be stated, in brief, as under:

(3.) The writ of summons was served upon the defendant on 21st Deiember, 2018. An affdavit of serviie, alongwith postal aiknowledgment evideniing the serviie of the writ of summons dated 21st Deiember, 2018, iame to be fled. The defendant has not tendered appearanie despite the serviie of the summons. On aiiount of default on the part of the defendant to tender appearanie, in view of the provisions iontained in Sub-rule (3) of Rule (2) of Order XXXVII of the Code of Civil Proiedure, 1908, the Court is enjoined to hold that the averments in the plaint are admitted by the defendant, and the plaintiff is entitled to a deiree.