1. In this CMP, which is supported by an affidavit, a prayer has been made by the petitioner/defendant that the delay in entering his appearance in the court upon a summons received by him Under O. 37 CPC be condoned in his favour, interalia, on the following grounds: -

1) That he was served on 3rd December, 1986, at New Delhi.

2) That he sent his power of attorney and other relevant papers to his Advocate for appearing and defending the case at Srinagar.

3) That his Advocate received the power of attorney and other papers on 17th December, 1986, and the delay in receiving the papers was caused due to bad weather.

4) That in the said circumstances, the application for leave to enter appearance and to defend the suit could not be filed within the prescribed period.

2. The respondent plaintiff has resisted the petition, inter alia, on the following grounds:

(1) That in the petition the defendant has averred that he got the notice and the copy of the plaint and the documents on the 3rd of December, 1986. This is a lie. The acknowledgement receipt on the file would show that the notice has been received on 29th of November, 1986. The averment to the contrary is malafide. Rule 3 (2) of O. XXX

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