T.S. Thakur, J.

1. This appeal arises out of a judgment and decree dated 15.2.2006 passed by the Additional District Judge, Delhi in a suit under Order 37 of the C.P.C. for recovery of a sum of Rs.6,72,000/- and an order dated 18.7.2006 passed under Order 37 Rule 4 of the C.P.C. declining to set aside the said decree.

2. The plaintiff respondent claimed a decree for a sum of Rs.6,72,000/- with interest @ 12% p.a. in a suit under Order 37 of the C.P.C. filed against the defendant-appellant. The defendant, it appears, was served by publication of a notice in "Statesman" in its issue dated 22.12.2005. Since the defendant did not enter appearance within the stipulated period of 10 days as required under Order 37 Rule 2(3) of the C.P.C, the Trial Court proceeded to decree the suit in terms of judgment and decree dated 15.2.2006 treating the averments made in the plaint to be admitted. The defendant, thereafter, made an application under Rule 4 of Order 37 of the C.P.C. for setting aside the aforementioned judgment and decree on the ground that service of summons upon him was not in accordance with law. Relying upon the decision of this Court in Hans Raj v. Lakhi Ram : AIR 2005