Delhi High Court
M/S U.K. Paints (India) Ltd. vs M/S Surlux Medi Equip Ltd. And Anrs. on 20 September, 2001
Equivalent citations: 94(2001)DLT453, 2001(60)DRJ472, 2002 A I H C 238, (2001) 94 DLT 453 (2001) 60 DRJ 472, (2001) 60 DRJ 472
Author: J.D. Kapoor
Bench: J.D. Kapoor
ORDER J.D. Kapoor, J.
1. IAs 4956-57/97 are applications under Order 37 rule 2 sub-rule 3 read with Section 151 CPC for decreeing the suit.
2. This is a suit filed under the summary procedure or Order 37 CPC for recovery of Rs. 70,17,125/-.
3. Summmons of the suit were served upon the defendants by way of substituted service through publication in the newspaper "National Herald" and ordinary summons as well as registered summons were also received with the report that the premises were found locked.
4. As per provisions of Order 5 rule 15 CPC which provides that where in any suit the defendant is absent from his residence at the time when the service of summons is sought to be effected on him at his residence and there is no likelihood of his being found at the residence within a reasonable time and he has no agent empowered to accept service of the summons on his behalf, service maybe made on any adult member of the family, whether male or female, who is residing with him. It is also mentioned in the Explanation that a servant is not a member of the family within the meaning of this rule. As a matter of fact, if the premises were found locked on repeated visits, there is presumption of service. However,by way of abundant precaution and to avoid injustice, substituted mode of service is resorted to. Object is to exhaust every mode of service before any adverse order is passed against the defendant. Aforesaid reports of the process server and service by way of publication raise strong presumption of service of summons of the suit.
5. Since this is a suit under summary procedure of Order 37 CPC the same has to be decreed in view of the provisions of Order 37 rule 2 sub-rule 3 CPC which provide that if the defendant does not enter into appearance within ten days of such service the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree not exceeding the sum mentioned therein together with interest at the rate specified.
6. In view of the aforesaid provisions of law and the finding as to the service of summons of the suit upon the defendant the suit is decreed with pendente lite interest @ 24% till the date of decree.
7. The suit and IA are disposed of.