YOGENDER PAL Vs. SHER ALI KHAN

JUDGEMENT

(1.) This petition is directed against the order of the trial Court dated 23rd May 1988, whereby an application filed by the plaintiff under Order 37 Rule 2(3), Rule 3(1) read with Section 151 of the Civil Procedure Code was dismissed.

(2.) The plaintiff filed this suit for recovery of Rs. 6,400/- in terms of Order 37 of the Civil Procedure Code. According to the plaintiff, service was effected on the defendant on 28th February, 1988 but he put in appearance on 16th March, 1988 i.e. beyond the period of 10 days. Thus the plaintiff moved the above said application for decreeing his suit on this ground alone as the defendant failed to put in appearance within the time prescribed. The said application has been dismissed by impugned order by the trial Court on the ground that sufficient cause has been shown by the defendant for condonation of delay in putting in appearance and hence, it could not be said that the plaintiff is entitled for a decree forthwith as the defendant has put in appearance after expiry of 10 days.

(3.) The learned counsel for the petitioner submitted that the defendant never moved any application for condonation of delay and, therefore, there was no occasion for the trial Court to continue the same. In support of his contention, he referred to M/s. Universal Fasteners and others v. Bank of Baroda and another, 1986 89 PunLR 77.