( 1 ) UNDER Sub- rule 1 of Rule 3 of Order 37 Civil Procedure Code. , the defendant has to do two things within 10 days after being served with summon : (1) he must enter an appearance either in person or by pleader and (2) file in court an address for service of notice on him. This shows that entering appearance and filing an address for service are two different things, although both have to be done within the period of 10 days, and, in the normal course, would be done simultaneously. Under sub-rule (3) of Rule 3 the defendant must give notice of entering appearance to the plaintiff or his counsel. This is the third thing to be done. In the instant case the defendant complied with the first requirement. He entered appearance by his counsel filing the power of attorney. However, the other two requirements were not complied with:an address for service was not filed in court, nor was notice of entering appearance given to the plaintiff or his counsel The learned Judge did not agree with the argument of the counsel for the plaintiff that the defendant cannot be regarded as having entered appearance, and could not have been allowed to defend the suit.

( 2 ) IT was further held that

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