( 1 ) THIS is a suit for recovery under summary procedure of Order 37 of Code of Civil Procedure. It was with great difficulty that the summons of the suit for appearance were served. Service was effected by way of substituted service through publication in the newspaper "statesman". Pursuant to the service the defendant entered into appearance within the prescribed period of 10 days as required by Sub Rule (3) of Rule 3 of Order 37 which reads as under:-

"on the day of entering appearance, notice of such appearance shall be given by the defendant to the plaintiff s pleader or, if the plaintiff sues in person, to the plaintiff himself, either by notice delivered at or sent by a prepaid letter directed to the address of the plaintiff s pleader or of the plaintiff, as the case may be. It is only after entering into such appearance that the plaintiff is required to serve on the defendant summons for judgment in form No. 4-A appendix-B returnable not less than 10 days from the date of service supported by an affidavit verifying the cause of action and the amount claimed stating that none is proved as there is no defence to the suit. "

( 2 ) AGAIN the plaintiff is finding it d