SARWAN SINGH Vs. JATINDER CHAUDHARY

JUDGEMENT

(1.) Petitioner has assailed order dated 20.04.2015 (Annexure P-4) passed by Civil Judge (Jr. Divn.) Panchkula vide which application of the petitioner for leave to defend the suit was dismissed.

(2.) Plaintiff/Respondent filed a suit under Order 37 CPC for recovery of an amount of Rs.2 lacs along with interest @ 18% per annum from the date of dishonour of cheque. On receipt of summons, defendant/petitioner appeared on 15.09.2014 and moved an application along with affidavit dated 15.09.2014 for leave to defend the suit. The summons were received by the defendant/petitioner on 15.09.2014 and he filed an application promptly on the same day.

(3.) Trial Court dismissed the application vide order dated 20.04.2015 on the premise that the service of summons under Order 37 Rule 2 CPC was effected upon the defendant/petitioner on 04.09.2014. Period of ten days from 05.09.2014 expired on 15.09.2014. Defendant entered appearance on 15.09.2014 at 6.00 p.m. as per endorsement made on the application for leave to defend itself. The trial Court observed that receipt of application at 6.00 p.m. in the evening was beyond the court hours and, therefore, the application was dismissed on two counts. Firstly that the defendant/petitioner appeared after the expiry of ten days from the date of service and he moved the application on 15.09.2014 at 6.00 p.m. in the evening beyond the court hours. Such appearance of the defendant was not in consonance with the provision of Order 37 CPC.