SHYAMLAL VISHNOI Vs. ICICI HOME FINANCE

JUDGEMENT

(1.) The instant appeal has been preferred claiming the following prayers:-

(2.) Learned counsel for the appellants submits that the impugned order under challenge has been passed refusing the indulgence of the Court under Order 37 Rule 4 read with Sec. 151 CPC, on the ground that there are no special circumstances, which could permit the appellants to seek setting aside of the decree. He submits that the suit for recovery was instituted under the summary procedure of Order XXXVII CPC for a total amount of Rs.8,20,415.00, arising out of a loan of Rs.5,09,450.00 along with a linked top-up loan of Rs.3,07,735.00, both carrying floating EMIs.

(3.) This Court finds that the learned Court below dismissed the application under Order XXXVII Rule 4 CPC on the ground that although the counsel regularly appearing for the appellants, at the time of invoking the summary procedure, had furnished the appellants' registered address as Plot No. 4, Dilip Nagar, Lal Sagar, Jodhpur, no intimation regarding any subsequent change of address was ever furnished to the learned Court below. The summons were, therefore, dispatched by registered post in accordance with the prescribed postal procedure, and the tracking report reflected that the article was delivered at the said address on 1/8/2023 at approximately 1:30 PM.