S. K. Kapur, S. N. Andley, JJ.

( 1 ) ON 24th August, 1949, Bharat Nidhi Limited than known as Bharat Bank Limited, the plaintiff appellent, filed a suit against Megh Raj Mahajan, defendant-respondent, for recovery of Rs. 61,194. 00, being the debit belance in the cash credit account with the plaintiff. On 20th December, 1949, the Senior Subordinate Judge, Sialkot, decreed the suit and the present suit for recovery of Rs. 63,004. 00 was filed on 12th June, 1954, on the basis of the judgment of the Senior Subordinate Judge, Sialkot. The judgment and decree were passed ex parte and there is an observation in the decree that" a summons was duly served upon the defendent, notwithstanding which he has not appeared to defend the suit. It may be pointed out at this stage that it is from this observation that the Trial Court concluded that the defendent had been properly served with a notice issued by the Sialkot Court. From this finding the learned counsel for the appellant wants us to deduce that the defendant was physically in Pakistan when he was served with the notice and when the action was commenced. He then bases an argument on the physical, presence of the defendant on the date o

Click Here to Read the rest of this document