S.J. Mukhopadhaya, J.

This appeal has been preferred by the appellant, M/s.Apollo Tyres Ltd., who is the 1st defendant in the suit, against order dated 12th June, 2007, passed by learned Judge in Application No.2309/06 in C.S. No.1226/93. The appellant/1st defendant preferred an application under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure to dismiss the suit for non-prosecution, but learned Judge rejected such application.

2. The suit was preferred by the respondent, M/s.Transport Corporation of India, Madras, for a decree against the 1st defendant to pay the plaintiff a sum of Rs.44,38.576/= with interest at the rate of 12% p.a., registered as C.S. No.1226/93 in the Original Side of this Court. Judges summons were sent and number of times returned and having ultimately served on the 1st defendant in 2006 and on appearance, the 1st defendant filed the aforesaid application under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure to dismiss the suit for non-prosecution.

3. Counsel appearing on behalf of the appellant submitted that the suit was filed on 23rd July, 1993, specifically showing the address of the 1st defendant