BADAR DURREZ AHMED, J.

( 1 ) THIS is an application filed on behalf of the defendant under Order 37 rule 4 seeking the setting aside of the decree passed on 29. 07. 2004 claiming that there are special circumstances in favour of the defendant / applicant for seeking the setting aside of the decree.

( 2 ) THE background of the present application is that on 08. 09. 2003, the plaintiff instituted the present suit under Order 37 of the Code of Civil procedure, 1908 based upon a dishonoured cheque. The summons were not being served on the defendant in the ordinary way and, therefore, on 26. 04. 2004, substituted service under Order 5 Rule 20 was directed to be effected by publication in the Statesman (New Delhi Edition) as also by affixation at the last known address of the defendant and also by affixation on the notice board of the court. On 14. 07. 2004, the Joint Registrar recorded that the defendant had been served with summons for appearance in the proforma prescribed under order 37 Rule 2 (2), CPC by way of the publication in the newspaper" the statesman (New Delhi Edition"dated 12. 05. 2004 ). The Joint Registrar also recorded that the defendant was served by way of affixatio

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