M/S Eastern Sales Corporation vs M/S Premium Apparels (P) Ltd And ...
2001 Latest Caselaw 191 Del

ORDER

J.D.Kapoor, J.

1. This is a suit for recovery filed under Order 37 of Civil Procedure Code. Summons of the suit were issued in Form No.4 in Appendix B. On behalf of the defendants, their counsel appeared on 17.8.2000. Thus it is presumed that defendants were duly served with the summons though vide report dated 1.11.2000 they were reported to be out of station. Till date the defendants have failed to enter into an appearance though they were required to enter into appearance within ten days of the service of the summons.

2. Rule 3 requires the defendant to enter an appearance either in person or by pleader within ten days of service of the summons of the suit. It further provides that in case the defendant can 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, not exceeding the sum mentioned in the summons, together with the interest at the rate specified, if any, up to the date of the decree and such sum shall be determined by the High Court from time to time by rules made in that behalf and such decree may be executed forthwith. In view of the aforesaid provisions the suit is decreed for Rs.7,79,518/- Along with interest @ 24 percent per annum both pendente lite and furture interest till the date of realisation as also with cost of the proceedings.

3. Suit stands disposed of Consequently all pending IAS shall also stand disposed of.