AMARJEET SINGH Vs. MANJIT SINGH

JUDGEMENT

(1.) A suit for recovery of Rs. 4,08,000/- [Rs. 3,00,000/- as Principal amount and Rs. 1,08,000/- as interest] on the basis of pronote and receipt dated 12.03.2010 was pending adjudication before the lower Court, where summons for service of the defendant calling him upon to answer the claim of the plaintiff and to file written statement of his defence, if any, issued in terms of Order I Rule 5 CPC, were received back with the report that 'address was incorrect'.

(2.) Innumerable opportunities were granted to the plaintiff for furnishing correct address of the defendant to effect his service on the given address, but compliance of the orders of the Court was not made and consequently, vide order dated 16.01.2014, suit of the plaintiff was dismissed for want of filing of correct address of the defendant.

(3.) An application was moved by the plaintiff for restoration of the suit, notice of which was issued to the defendant, who appeared through his counsel. Application was contested tooth and nail and was ultimately dismissed on 4.7.2014. Impugning orders dated 16.1.2014 [Annexure P/1] and 4.7.2014 [Annexure P/2], this revision petition has been preferred by the plaintiff-petitioner herein.