Dolf Leading Ltd. Vs. Vijay Cable Industries and anr.

Dolf Leading Ltd. vs Vijay Cable Industries and anr.

Disposition Suit decreed Court Delhi Decided Sep 18, 2001

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https://sooperkanoon.com/case/702925

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Citation: sooperkanoon.com/702925
Court: Delhi High Court
Judge: Mr. J.D. Kapoor, J.
Decided On: Sep 18, 2001
Case Number: IA No. 7966/2001 and S. No. 2531/2000
Subject: Civil
Disposition: Suit decreed

Case Summary

AI-generated summary - not the official court judgment text.

Civil Procedure Code, 1908 - Order 37--Summary Procedure--Summons issued under Order 37 Sub-rule 3--Report of Process Server disclosing that wife and son of defendant refused to accept summon on behalf of defendant on two occasions--Strong presumption of service in view of Order 5 Rule 15 of CPC--Defendant has not e...

Key legal issue: Civil
Outcome / disposition: Suit decreed
Acts & sections: Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 5 - Rule 15 - Order 37 - Rules 2(3) and 3

Parties & Advocates

Appellant / Petitioner

Dolf Leading Ltd.

Advocate Mr. Shahzad Khan, Adv

Respondent

Vijay Cable Industries and anr.

Legal References

Acts: Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 5 - Rule 15 - Order 37 - Rules 2(3) and 3
Reported In: 2001(60)DRJ616

Excerpt

civil procedure code, 1908 - order 37--summary procedure--summons issued under order 37 sub-rule 3--report of process server disclosing that wife and son of defendant refused to accept summon on behalf of defendant on two occasions--strong presumption of service in view of order 5 rule 15 of cpc--defendant has not enter into appearance within 10 days of service--suit decreed.;since this is a suit under summary procedure of order 37 cpc the same has to be decreed in view of the provisions of order 37 rule 2 sub-rule 3 cpc which provide that if the defendant does not enter into appearance within ten days of such service the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree not exceeding the sum mentioned therein together with interest at the rate specified. - - aforesaid reports of the process server raise strong presumption of service......on 25.4.2001 and reported that he reached the addressed placed and met a man who disclosed himself to be son of the proprietor of the plaintiff firm mr. vaibhav bhatia and that the man told that the man told that the proprietor is out of station and refused to take summons and on 23.6.2001 a man who disclosed himself to be a servant, found but he too refused to take service. again on 28.7.2001 wife met and refused to take summons.4. as per provisions of order 5 rule 15 which says that where in any suit the defendant is absent from this residence at the time when the service of summons is sought to be effected on his at has residence and there is no likelihood of his being found at the residence within a reasonable time ad he has no agent empowered to accept service of the summons on his behalf, service maybe made on any adult member of the family, whether male or female, who is residing with him. it is also mentioned in the explanationn that a servant is not a member of the family within the meaning of this rule. aforesaid reports of the process server raise strong presumption of service.5. since this is a suit summary procedure of order 37 cpc the same has to be decreed in view of the provisions of order 37 rule 2 sub rule 3 cpc which provide that if the defendant does not enter into appearance within ten days of such service the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree not exceeding the sum mentioned therein together with interest at the rate specified.6. in view of the aforesaid provisions of law and the finding as to the service of summons of the suit upon the defendant the suit is decreed with pendente lite interest @ 24% till the date of decree.7. the suit and is are disposed of.

Full Judgment

ORDER

J.D. Kapoor, J.

1. is 7966/2001 is an application under Order 37 rule 2 sub-rule 3 read with Section 151 CPC for decreeing the suit.

2. This is a suit filed under the summary procedure of Order 37 CPC for recovery of Rs.53,08,359.72/-.

3. A perusal of the report on he summons for entrance issued under the provisions of Order 37 Rule 3 CPC show that the process server made a report dated 23.2.2001 that he reached the addressed place and met a lady, who disclosed herself to be the wife of the proprietor of the plaintiff firm and that the lady told that the proprietor is out of station and refused to take summons. Again the process server went to the premises on 25.4.2001 and reported that he reached the addressed placed and met a man who disclosed himself to be son of the proprietor of the plaintiff firm Mr. Vaibhav Bhatia and that the man told that the man told that the proprietor is out of station and refused to take summons and on 23.6.2001 a man who disclosed himself to be a servant, found but he too refused to take service. Again on 28.7.2001 wife met and refused to take summons.

4. As per provisions of Order 5 rule 15 which says that where in any suit the defendant is absent from this residence at the time when the service of summons is sought to be effected on his at has residence and there is no likelihood of his being found at the residence within a reasonable time ad he has no agent empowered to accept service of the summons on his behalf, service maybe made on any adult member of the family, whether male or female, who is residing with him. It is also mentioned in the Explanationn that a servant is not a member of the family within the meaning of this rule. aforesaid reports of the process server raise strong presumption of service.

5. Since this is a suit summary procedure of Order 37 CPC the same has to be decreed in view of the provisions of Order 37 rule 2 sub rule 3 CPC which provide that if the defendant does not enter into appearance within ten days of such service the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree not exceeding the sum mentioned therein together with interest at the rate specified.

6. In view of the aforesaid provisions of law and the finding as to the service of summons of the suit upon the defendant the suit is decreed with pendente lite interest @ 24% till the date of decree.

7. The suit and is are disposed of.

Same Court & Year Delhi · 2001 Same Parties Dolf Leading Ltd. vs Vijay Cable Industries and anr. Same Subject Civil Same Judge Mr. J.D. Kapoor, J. Acts & Sections Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 5 ...

Civil