M RAJ KUMAR Vs. SHRIRAM CHITS LTD

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order of the learned Senior Civil Judge, Sathupalli dated 3-10-2002 in I.A.No.332 of 2002 in O.S.No.21 of 2002 refusing to condone delay of 17 days in giving notice of appearance of the defendant No.1 who is the revision petitioner herein, to the plaintiff.

(2.) The 1st respondent-plaintiff filed O.S.No.21 of 2002 against the defendants under Order 37 Rules 1 and 2 of the Code of Civil Procedure (for short 'the Code') for recovery of money basing on certain chit transactions. As it is a summary suit, the 1st defendant ought to have put his appearance within a period of 10 days from the date of receipt of summons. The revision petitioner 1st defendant made his appearance through his advocate by filing a vakalat into Court on 6-7-2002. As there was a delay of 17 days in putting his appearance, he filed an application under Order 37 Rule 3 (7) of the Code. The Court below dismissed the said application holding that there is no provision under Rule 3 of Order 37 of the Code, which enables the Court to extend the period for giving notice of appearance to the plaintiff and to furnish address to the plaintiff by the defendant.

(3.) The learned counsel for the petitioner strongly contended that the summons sent for service on the 1st defendant are not in the form in which it ought to be and as such the suit itself could not be treated as the one instituted under summary procedure. He further contended that the petitioner-1st defendant was bed-ridden with fever from 6-7-2002 to 22-7-2002 and therefore the delay ought to have been condoned in the interest of justice. According to him, sub-rule (7) of Rule 3 of Order 37 of the Code empowers the Court below to condone the delay in entering an appearance if the defendant shows sufficient cause.