( 1 ) THIS application has been filed in a suit for the recovery of Rs. 12,65,532. 40 filed under the Summary Procedure of Order XXXVII of the Code of Civil Procedure. On 30. 7. 1998 summons and notice of the application were order to issue to the defendants. On 10. 11. 1998, being satisfied that the defendants 1 and 2 had been duly served, and that defendant No. 3 was deemed to have been served by operation of Order XXXVII, Rule 3 of the Civil Procedure Code, the Court proceeded to pass a decree. This was done taking into regard the provisions of Order XXXVII, Rule 2 (3), Civil Procedure Code. Subsequently, execution proceedings were initiated by the plaintiff. The present application under Order XXXVII, Rule 4 is a sequel to these happenings.

( 2 ) IT has been submitted by learned Counsel for the applicants that service had not been properly and legally effected on the defendants. It is also contended that the decree is liable to be set aside as non est and void for the reason that the plaintiff was not a duly registered partnership firm and the special power of attorney authorising the signatory of the plaint could not be taken into consideration since it had. not