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2023 Supreme(All) 263

J. J. MUNIR
Sheshnath Singh – Appellant
Versus
Devendra Pratap Singh – Respondent


Advocates Appeared:
For the Revisionist : Shailendra Kumar Singh, Ashok Kumar Upadhyay.
For the Opposite Party : Tej Bhan Singh, Meraj Ahmad Khan.

JUDGMENT :

(J.J. Munir, J.)

1. This civil revision is directed against an order of Ms. Diksha Shree, learned Additional Civil Judge (Senior Division)-03, Allahabad dated 21.11.2022 rejecting the defendant-revisonist's application for leave to defend in a summary suit.

2. Heard Mr. Ashok Kumar Upadhyay, learned Counsel appearing for the revisionist and Mr. Tej Bhan Singh, learned Counsel appearing on behalf of the plaintiff-respondent.

3. The summary suit here instituted under Order XXXVII of the Code of Civil Procedure, 1908 (for short, 'the Code') is one to recover money due on several cheques, said to have been issued by the defendant in the plaintiff's favour, that were dishonoured on presentation. The summary suit was instituted on 13.09.2022. On 14.09.2022, summons in Form 4 of Appendix B to the Code were issued to the defendant for appearance. The summons were made returnable on 29.09.2022.

4. A perusal of the order sheet shows that on 29.09.2022, the Presiding Officer was not available because she was away on training. On the next date, i.e. 10.10.2022, the Presiding Officer was on leave. On 17.10.2022, the plaintiff filed a copy of the postal track along with an affidavit,

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