Date: 19-02-2020
Business: Wrongly on board.
Public holiday on account of 19.02.2020. hence taken on today''s board and adjourned.
Next Purpose: REPORT
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Business: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Business: National lock Down
Next Purpose: REPORT
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: Adv. Rajesh Patil for plaintiff present.
None for defendant.
Today matter is for service report of writ of summons.
He submits that time be extended for service of writ of summons. Time granted till next date.
Matter adjd for service affidavit to 25-02-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Rajesh Patil for plaintiff present.
None for defendant.
Ex.02 Ld Adv for plaintiff filed affidavit of service along with Bailiff Report t.o.r. O- Seen.
Matter adjd for exparte order to 24-03-2021.
Next Purpose: ORDER
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv. Rajesh Patil for plaintiff present. None for defendant.
Perused affidavit of service Ex.02. Bailiff report is filed with the affidavit of service. It is mentioned therein that on 04-03-2020 defendant refused to accept the writ of summons. Therefore Bailiff affixed duplicate copy of writ of summons along with plaint on the outer door of his place of residence of defendant. It is valid service of writ of summons as per provision of Order 5 Rule 17 of Civil Procedure Code.
Perused Order 37 Rule 3 Sub Rule 1 of CPC. As per the said provision the defendant may at any time within 10 days of service enter an appearance either in person or by leader and, in either case, he shall file in court an address for service of notices on him.
Defendant inspite of service of writ of summons as per service affidavit, Ex.02 did not remain present within 10 days from the date of service of writ of summons. Hence, suit be proceeded exparte against defendant.
Ex.03 Ld adv for plaintiff filed claim affidavit t.o.r. O- Seen.
Ex.04 Ld Adv for plaintiff filed list of documents t.o.r. O- Seen.
Ex.05 Demand promissory note of Rs.2,50,000/- dated 12-05-018.
Ex.06 Notice of demand dated 24-08-2019.
Heard ld adv for plaintiff.
Matter adjd for exparte judgement to 03-04-2021.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Adv. Rajesh Patil for plaintiff present.
None for defendant.
Court is busy in dictating order in NM no. 1770 of 2020 and CS no. 1546 of 2017 in Summary suit no. 385 of 2016.
Matter adjd for exparte judgement to 21-04-2021.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: None appear.
Ex.7 Judgement.
F.R.S.R. following order is passed-
ORDER
Summary Suit no. 1266 of 2019 is decreed with costs as under-
1. Defendant do pay a sum of Rs.2,50,000/-(Two Lakh Fifty Thousand only) to the plaintiff with interest at the rate of 9 (nine) percent per annum on amount of Rs.2,50,000/- from the date of 12.05.2018 till its full realisation.
2. Court fee be refunded to the plaintiff if any as per rules.
3. Decree be drawn up accordingly.
4. Judgement dictated and pronounced in open court.
R and P be sent to Record Department.
Nature Of Disposal: DECREED
Disposal Date: 21-04-2021
