Delhi Court November 1955 Judgments

Bharat Nidhi Ltd. Vs. Megh Raj Mahajan

Court: Delhi

Reported in: AIR1967Delhi22

1. On 24th August, 1949, Bharat Nidhi Limited, then known as Bharat Bank Limited, the plaintiff-appellant, filed a suit against Megh Raj Mahajan, defendant-respondent for recovery of Rs.61,194/2/- being the debit balance in the cash credit account with the plaintiff.. On 20th December, 1949, the Senior Subordinate Judge, Sialkto, decreed the suit and the present suit for recovery of Rs.63,004-15-00 was filed on 12th June, 1954, on the basis of the judgment of the Senior Subordinate Judge, Sialkto. The judgment and decree were passed ex parte and there is an observation in the decree that 'a summons was duly served upon the defendant, ntowithstanding which he has nto appeared to defend the suit'. It may be pointed out at this stage that it is from this observation that the trial Court concluded that the defendant had been properly served with a ntoice issued by the Sialkto Court. From this finding the learned counsel for the appellant wants us to deduce that the defendant was physically...