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1993 Supreme(Del) 204

USHA MEHRA
PIARA SINGH – Appellant
Versus
AMRIK SINGH LYALPURI – Respondent


Advocates Appeared:
Pramod Ahuja, S.D.Ansari

Ms. Usha Mehra, J.

( 1 ) THE revision petitioner, Shri Piara Singh hasassailed the order of Additional District Judge dated 20/10/1992, pursuance to which his application filed under Order 37 Rule 3 (7) of the Code ofcivil Procedure (hereinafter called the c. P. C. ) was dismissed and the suitwas decreed against him.

( 2 ) THE admitted facts of the case are that the plaintiff/respondentherein filed a suit for recovery of Rs. 52. 550. 00 under Order 37 Civil Procedure Code againstthe present petitioner. Summons for appearance were issued by registeredpost as well as by ordinary process on 26/10/1990. The service byregistered cover was effected for the date of hearing dated 6/02/1991. Since the present petitioner defendant before the Trial Court did notenter appearance therefore the case was listed for further proceedings on 11thmarch/february 1991. The petitioner filed an application under Order 37rule 3 (7) C P. C. on 19/03/1991 on the ground that he was told telephonically by the decree holder that a decree against him has been passed on 11/03/1991. On receiving this information, he contacted the Counseland inspected the file and found that his signatures had been forged on thea


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