Himachal Pradesh High Court
CS/20/2020 on 24 March, 2021
Bench: Vivek Singh Thakur
COMS No. 20 of 2020
.
24.03.2021 Present: M/s Anshul Bansal, Anshul Attri and Ms. Manju
Dhatwalia, Advocates for the plaintiff.
Mr. Ajay Vaidya, Senior Additional Advocate General, for
the defendants.
Instant suit has been filed under Order 37 CPC on 4 th
March, 2020 and it was listed before the Additional Registrar (Judicial)
on 13.3.2020, on which date, notice was issued to defendants for
20.4.2020. Though notice was served upon defendants through
registered AD post, but, as evident from acknowledgement, it was
served on 20.4.2020, whereas, notices issued to defendants through
Process Serving Agency were received back unserved with report that
due to Lockdown service could not be effected. Thereafter, on re-
starting of functioning of High Court, fresh notices were issued to
defendants returnable on 14.10.2020, which were served upon them.
On 14.10.2020, learned Additional Advocate General had
appeared on behalf of defendants and on that day, Additional Registrar
(Judicial) had ordered for listing the matter before the Court for
appropriate orders and in pursuant thereto, civil suit was listed in Court
on 29th October, 2020 on which date 10 days time was granted to
defendants to file appropriate application seeking leave of the Court to
file reply/written statement.
Before listing of case in Court on 29th October, 2020, an
affidavit under Order 37 Rule 3 Sub-rule 4 of CPC was also filed by
plaintiff on 15.10.2020, but, it appears that said fact could not be
.
brought in notice of Court, which resulted into grant of 10 days time to
defendants to file appropriate application. After 29th October, 2020, suit
was listed in Court on 26.2.2021, on which date, it was found that civil
suit on behalf of defendants has been assigned to Mr. Ajay Vaidya,
Senior Additional Advocate General and on his behalf one week's time
was sought and matter was adjourned for 5th March, 2021.
As per Order 37 Rule 3 Sub-rule 1 CPC, defendants had
to put in appearance within 10 days from service either in person or
through pleader and to file address for service of notice upon them and
at the same time, as provided under Sub-rule 3, they had to inform the
plaintiff about their appearance in Court. Thereafter, an affidavit was to
be filed by plaintiff under Sub-rule 4 and thereupon, if found
appropriate, the Court had to pass an order to fix a date for delivering
the judgment by granting liberty to plaintiff to obtain the judgment on
the suit against defendants on the next date fixed by the Court and
thereafter, plaintiff had to serve on defendants the summons for
judgment in Form-4 prescribed in Appendix B of CPC. The said notice
is to be served upon either in person or through pleader of defendants in
Court itself or otherwise. Within 10 days after service of the said
summons about fixing the date by granting liberty to plaintiff to obtain
the judgment, the defendants were having right to file an application
seeking leave to defend the suit.
In the present case, defendants, because of COVID-19
pandemic, have been served twice and appearance on their behalf has
been put in Court on 14.10.2020. Thereafter, affidavit, as required under
.
Sub-rule 4 of Rule 3 of Order 37 CPC has been filed on 15 th October,
2020. Now, process thereafter is to be followed.
On perusal of affidavit filed by plaintiff, I find that it
fulfills the requirements as provided in Sub-rule 4, Order 37 Rule 3 of
CPC. Therefore, civil suit is fixed for 8 th April, 2021, enabling the
defendants to obtain the judgment on the basis of plaint and documents
filed therewith. Plaintiff has to ensure the compliance of aforesaid Sub-
rule 4 by serving the summons for judgment upon the defendants either
in person or through counsel i.e. learned Senior Additional Advocate
General representing them, on Form 4A, prescribed in Appendix-B of
CPC.
March 24, 2021 (Vivek Singh Thakur)
(ms) Judge
