RAM KARAN Vs. RATTAN SINGH RANGA

JUDGEMENT

(1.) In this revision petition filed under Article 227 of the Constitution of India by plaintiff Ram Karan, challenge is to order dated 27.10.2008 Annexure P-2 passed by the trial Court.

(2.) Plaintiff-petitioner has filed suit for recovery of money under Order 37 of the Code of Civil Procedure (in short, 'CPC') against defendant/respondent Rattan Singh Ranga for recovery of money on the basis of pronote-cum-receipt.

(3.) Summons in the prescribed form was served on the defendant on 10.10.2008 vide report Annexure P-1 for next date of hearing being 27.10.2008. On 27.10.2008, defendant appeared in person along with his counsel. Trial Court vide impugned order dated 27.10.2008 Annexure P-2 adjourned the suit to 15.11.2008 for serving summons of judgment as per order 37 Rule 3(4) CPC. Feeling aggrieved, plaintiff has filed this revision petition praying that the suit be decreed in view of order 37 Rule 2(3) CPC because the defendant did not put in appearance within ten days of service of summons on him.