NAND KUMAR Vs. SHEELA DEVI

JUDGEMENT

(1.) DEFENDANT -petitioner has assailed the trial Court's judgment and decree dated March 21, 1996, whereby his petition to condone the delay was rejected and he was refused leave to defend the suit filed by the plaintiff-respondent and the suit was decreed under Order 37 CPC.

(2.) BRIEF facts of the case are that the plaintiff-respondent filed a suit under Order 37 CPC for recovery of Rs. 46,848/- (Rs. 30,000/- as principal amount and Rs. 16,848/- as interest) against the defendant-petitioiner. On the institution of the suit summons of the suit was sent in Form-b of Appendix 'b' CPC to the defendant-petitioner along with copy of the plain. Defendant-petitioner is working as Senior Laboratory Assistant, Geography Department, Government Ripudaman College, Nabha. Summons was served on the defendant-petitioner on December 6, 1995, at his college address and on December 9, 1995, at his village address. The next date of hearing was January 3, 1996. On January 3, 1996, the defendant-petitioner appeared in the lower Court and the case was adjourned to January 16, 1996. On January 16, 1996, the defendant-petitioner filed a petition praying that he be granted leave to defend the suit. He also explained why he could not appear before the Court within 10 days of the service of summons. According to him, as the date of appearance in the summons was shown to be January 3, 1996, he appeared in the Court on this date. He also raised a legal objection that along with the plaint copies of annexures were not sent to him, therefore, it does not amount to a valid service.

(3.) BY the impugned order the lower Court dismissed the defendant-petitioner's petition and the suit filed by the plaintiff-respondent under Order 37 CPC was decreed on that very day holding that the plaintiff has based his claim on pronote and receipt dated November 26, 1992, which is duly signed by the defendant and attested by two witnesses. The suit is within limitation. The defendant did not put in appearance within 10 days and hence the suit was decreed for Rs. 46,848/- with costs and interest at the rate of 12 percent per annum with effect from the filing of the suit till realisation of the decretal amount.