ORDER J.D Kapoor, J.
1. This is a suit for recovery of money on account of purchases of goods by the defendants filed under the summary procedure of Order 37 of Civil Procedure Code.
The defendants were served with the summons of the suit in Form 4 of Appendix B of Order 37 by way of publication on 17th January, 2000 at all the addresses known to the plaintiff. As per procedure laid down in Rules 2 and sub-Rule(1) of Rule 3 of the Order 3 of the Order 37, the defendant is obliged to enter into appearance within ten days of the service of the summons of the suit failing which the allegations in the plaint are deemed to have been admitted and as a result, the suit is to be decreed in terms of Rule 2. Relevant provisions are as under:
2. Institution of summary suits - (1) A suit to which this Order applies, may if the plaintiff desires to proceed hereunder, be instituted by presenting a plaint which shall contain:-
(a) a specific averment to the effect that the suit is filed under this Order;
(b) that no relief, which does not fall within the ambit of this rule, has been claimed in the plaint; and
(c) the following inscription, immediately below the number of the suit "(Under Order xxxvII of the Code of Civil Procedure, 1908)."
(2). The summons of the suit shall be in Form 4 in Appendix B or in such other Form as may, from time to time, be prescribed.
(3). The defendant shall not defend the suit referred to in sub-rule (1) unless he enters an appearance and in default of his entering an appearance the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree for any sum, not exceeding the sum mentioned in the summons, together with interest at the rate specified, if any, up to the date of the decree and such sum for costs as may be determined by the High Court from time to time by rules made in that behalf and such decree may be executed forthwith.
3. Procedure for the appearance of defendant. - (1) In a suit to which this Order applies, the plaintiff shall, together with the summons under Rule 2, serve on the defendant a copy of the plaint and annexures thereto and the defendant may, at any time within ten days of such service, enter an appearance either in person or by pleader an, in either case, he shall file in court an address for service of notices on him.
2. Till date the defendant has not entered an appearance either in person or by the pleader. Rule 2 provides that the defendant shall not defend the suit unless he enters an appearance and in default of his entering an appearance, the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree for any sum or not existing the sum mentioned in the summons, whether his interest at the rate specified, if any, up to the date of the decree and such summons for caused as may be determined by the court from time to time by Rules made under and such a decree may b executed forthwith.
3. I have perused the plaint. The defendant No. 1 had drawn the supplies of Special Denatured Spirit on credit and when the sale price became payable for more than Rs.10,00,000/- to the plaintiff a demand was made on the defendant No.1 for Rs.11,29,676/- to clear the accounts by making the payment of the sale price. Pursuant to the demand, the defendant issued various cheques detailed in para 6 of the plaint drawn by them on an account maintained by them with the State Bank of India, Kasturba Gandhi Marg, New Delhi for a total sum of Rs. 11,59,350/- towards the discharge of liabilities and for some extra deposit to the credit in the running account. All the cheques were drawn by defendant No.1. The plaintiff presented them immediately to their bankers for the amounts to be credited to their account in the usual course of business. All the cheques were returned to the plaintiff on account of insufficient funds.
4. From the aforesaid documents, I am satisfied that the suit falls within the ambit of Order 37 CPC and since the defendant has failed to enter an appearance within ten days of the service of the summons of the suit either in person or a pleader, the allegations in the plaint are deemed to be admitted.
5. As a result the suit is decreed for Rs. 11,29,676/- with pendentelite and future interest at the rate of Rs. 18 per cent per annum till realisation and with cost.