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1990 Supreme(Del) 46

R.L.GUPTA
KHERA HANDLOOM SUPPLY – Appellant
Versus
O. B. EXPORTS – Respondent


Advocates Appeared:
B.J.NAYAR, B.L.Anand

R. L. Gupta, J.

( 1 ) PLAINTIFF filed a suit under Order 37 of the Code of Civil Procedure (hereinafter called "the Code") against the defendants for recovory of Rs. 1,50,502/10 P. with costs of the suit and pending and future interest at the rate of 18% per annum from the date of the suit till realisation of the decretal amount. Defendants were served with the summons and they put io appearance through Sh. B. L. Anand Adovcate within ten days of the service. Thereafter sommons for judgement were issued against the defendants J,a. No. 674/87 wa also-moved on behalf of the plaintiff praying that defendants may be allowed to be served through their counsel and that they may be given dasti notice for service of the defendants through their counsel. The application was allowed by the Deputy Registrar. It led to the filing of 1. A. Mo. 719/87 on behalf of the defendants staling that the address for service of notice/summone on them at their residential address had been given and therefore the summons under Order 37 of the Code should be served upon the defendents themselves and not through their counsel. The order dated 6th February, 1987 recorded by the Deputy Registrar while passing o






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