MOHAMMAD YASEEN BHAT Vs. FAROOQ AHMAD BHAT

JUDGEMENT

(1.) The petitioner through the medium of present petition has challenged order dtd. 10/10/2025, passed by learned 2nd Additional District Judge, Srinagar, whereby application of the petitioner under Order XXXVII Rule 3(7) of CPC seeking condonation of delay in entering appearance in the suit has been dismissed.

(2.) It appears that the respondent/plaintiff has filed a suit against the petitioner/defendant under Order XXXVII of CPC seeking recovery of an amount of Rs.4,81,00,000.00 alongwith interest. It appears that summons in the prescribed proforma were issued by the learned trial Court for appearance of the defendant and the same was received by the defendant on 19/2/2025. On 5/3/2025, the defendant filed his memo of appearance in terms of Order XXXVII Rule 3 of CPC, meaning thereby that the defendant had filed his memo of appearance beyond the stipulated period of ten days from the date of service of summons. In fact there was a delay of four days in entering appearance.

(3.) It seems that the defendant had not filed an application seeking condonation of delay in entering his appearance at the time of filing of memo of appearance, but he did so only on 27/5/2025 after a lapse of more than 2 1/2 months. In the said application the defendant pleaded that he is an illiterate person and, as such, was not able to understand the legal technicalities with regard to summons in a summary suit. It was also pleaded by the defendant that he was apprised by the process server that next date of hearing is fixed on 5/3/2025 and that his presence is required on the said date. Accordingly, the defendant entered his appearance before the trial Court on the said date. It was pleaded that delay in appearance of defendant was not deliberate or conscious but was unintentional and accidental.