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2004 Supreme(Mad) 533

P.SATHASIVAM
K. Vasantha Devi & Another – Appellant
Versus
Mahesh Kumar Rathi & Another – Respondent


Advocates Appeared:For The Petitioner:S.S. Swaminathan, Advocate. For The Respondents:A. Venkatesan, Advocate.

Judgment :-

Aggrieved by the common order passed by XI Assistant Judge, City Civil Court, Chennai dated 15-04-2002 made in I.A.Nos. 14060 and 14059 of 2001 in O.S.No. 176 of 2000, defendants 1 and 2 therein preferred the above Revision Petitions.

2. The plaintiff/respondent herein filed the said suit (O.S.No.176 of 2000) under Order 37 of the Code of Civil Procedure, praying for judgement and decree in favour of him for a sum of Rs.55,900/- with interest on Rs.30,000/- at 30 per cent per annum from the date of plaint till the date of realisation. The petitioners herein/defendants before the Court below filed I.A.Nos. 14060 and 14059/2001 under Order 37, Rule 3 (5) C.P.C., praying for unconditional leave to them to defend the said suit.

3. In the affidavit the first defendant has stated that the procedures contemplated under Order 37 C.P.C. have not been followed. He was not served with a copy of the plaint and the annexures thereto along with the summons which is mandatory under Order 37, Rule 3 of C.P.C. However, he entered appearance through his counsel in time i.e., on 6-6-2001. A notice dated 6-6-2001 of appearance with address for service was served by his counsel to the counsel





















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