( 1 ) THIS appeal inter alia impugns the order of the learned Single Judge passed on 28th February, 2003 dismissing IA No. 11624/2002 in Suit No. 604/2000.

( 2 ) THE appellant in that application had prayed that the copies of the plaint and other documents were not supplied to the defendants/appellants and time to file application for leave to defend be extended. Mr. Kataria learned counsel appearing for the appellant has contended that no where on record it has been mentioned that copies of the plaint and documents have been supplied to the appellant and, therefore, there was non-compliance of Rule 3 of Order XXXVII of the CPC. Rule 3 of Order XXXVII cpc is as under:-

( 3 ) PROCEDURE for the appearance of defendant.- (1) In a suit to which this Order applies, the plaintiff shall, together with the summons under rule 2, serve on the defendant a copy of the plaint and annexures thereto and the defendant may, at any time within ten days of such service, enter an appearance either in person or by pleader and, in either case, he shall file in Court an address for service of notices on him.

( 4 ) ON the basis of aforesaid, Mr. Kataria has contended that it was mandatory