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2010 Supreme(Del) 201

HIMA KOHLI
IN THE MATTER OF : BABU LAL YADAV – Appellant
Versus
. – Respondent


JUDGMENT

HIMA KOHLI, J.

1. In the present revision petition, challenge has been laid by the petitioner to an order dated 10.09.2009 passed by the learned ADJ, allowing the application for condonation of delay filed by the respondents (defendants in the court below) in a summary suit for recovery filed by the petitioner (plaintiff in the court below) under the provisions of Order XXXVII CPC, subject to payment of costs of Rs.1,000/-. Before proceeding to deal with the grounds taken by the petitioner to assail the impugned order, it would be necessary to briefly advert to the sequence of events resulting in passing of the said order.

2. On 19.05.2009, the petitioner (plaintiff in the court below) instituted a summary suit under Order XXXVII CPC praying inter alia for a decree of Rs.5,40,000/- with interest against the respondents (defendants in the court below).

The aforesaid suit was registered by the learned ADJ on 20.05.2009 and summons were directed to be issued in the prescribed format to the defendants on filing of process fee and registered cover, returnable on 31.07.2009. A perusal of the trial court record shows that while the respondents/defendants remained unserved

























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