K.S. SIDHU, J.—This petition under section 115 of the Code of Civil Procedure is directed against the order, dated, August 7, 1978, made by the learned Additional District Judge, Jaipur City, whereby the learned Judge forfeited, the defendants right to present a written statement of her defence.

2. The facts material to the decision of this petition may be shortly stated. The Rajasthan Financial Corporation, the respondent herein, brought a suit against Sushila Jain, the petitioner herein, for recovery of Rs. 6,00089-94p. on the basis of a contract of guarantee, on October 13, 1976. The defendant who is a resident of New Delhi could not be served with the summons of the court inspite of repeated efforts made by the process serving agency the court over a period of nearly one year. This led the court to believe that the respondent was keeping out of the way for the purpose of avoiding service. The court bad therefore to take resort to substituted service by advertisement in a daily news paper fixing October 27, 1977, as the date for the appearance of the defendant. The defendant entered appearance that day, but did not file her written statement of defenc3 on the plea that no copy of

Click Here to Read the rest of this document