Final Order 6

Order Details: COPY OF ORDER
Pdf Text: 841/23YOGESH AGGARWAL Vs. VIKAS
24.09.2024
Present: Sh. Hari Shankar, Ld. counsel for the plaintiff.
None for the defendant.
None has appeared on behalf of the defendant despite repeated calls.
The defendant has failed to file the proof in respect of the fact that the
leave to defend application was filed by way of e-filing on 24.02.2024.
I have perused the judicial record.
In the present case, a suit u/O XXXVII was filed on behalf of the
plaintiff for recovery of a sum of Rs. One lakh against the defendant. The
defendant filed its appearance in the court on 04.11.2023. On filing of
appearance, summons for judgment were issued to the defendant, which as per
report of Process Server, were served to the defendant on 14.02.2024. The
defendant has failed to file the proof in respect to e-filing of leave to defend
application on 24.02.2024. As per Order XXXVII Rule 3 Sub-rule 5 of CPC, the
defendant has to file application for leave to defend within ten days from the date
of service of summons for judgment. A perusal of Order XXXVII Rule 6 of CPC
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shows that if leave to defend application is not filed by the defendant within the
stipulated time, the plaintiff is entitled to judgment forthwith. As the defendant
has not filed any application in time, the contents of the plaint are deemed to be
admitted on behalf of the defendant and plaintiff is entitled to a decree of Rs.
1,00,000/- ( Rs. One lakh only) alongwith interest @ 6% per annum from the date
of passing decree till actual realization of the same. A decree be prepared
accordingly.
File be consigned to record room after due compliance as per rules.
(VINOD JOSHI)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/24.09.2024
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