DOROTHY MASSEY Vs. SAHNI FINANCE AND LEASING COMPANY

JUDGEMENT

(1.) Plaintiff -respondent filed a suit for recovery, which was decreed by the Civil Judge (Jr.Divn.), Chandigarh vide judgment and decree dated 9.1.2009. In appeal, the said judgment and decree were upheld by the Additional District Judge, Chandigarh vide judgment and decree dated 10.8.2009. Hence, the present appeal by the defendant.

(2.) Brief facts of the case, as noticed by the lower appellate Court in para No2 of its judgment, are as under:-

(3.) After hearing learned counsel for the appellant, I am of the opinion that the present appeal deserves to be dismissed. Plaintiff M/s Sahni Finance and Leasing Company had filed a suit for recovery against defendant-appellant under Order XXXVII of the Code of Civil Procedure ('CPC for short) on the basis of receipt and promissory note dated 15.8.2007. Notice was issued to the appellant-defendant under the provision of Order XXXVII. The summons were issued to the appellant on the prescribed form, calling upon him to cause appearance within ten days of such service and file in the Court an address for service of notice on him. The appellant had received the notice on 6.11.2008. The date fixed before the trial Court was 10.11.2008. However, the appellant failed to appear in the Court for the date fixed or within ten days of the receipt of the notice as required under Order XXXVII 3 CPC. Ex parte proceedings were ordered against the plaintiff and the case was adjourned to 9.1.2009. Even on the said date, the appellant failed to avail the opportunity by appearing before the trial Court.