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1 - 2 of 2 (0.19 seconds)Shikhar Chand [D] Mamta Jain & Ors. vs Ramesh Kumar Judgement Given By: ... on 12 January, 2012
5. It has further been reaffirmed by the plaintiff on affidavit that
in her opinion, the defendant has got no defence to the suit of
the plaintiff. Since the defendant has failed to file the
application for leave to defend within the prescribed period of
limitation, in my considered opinion, the plaintiff is entitled to
the judgment forthwith in terms of provisions of Order 37 Rule
3 (6) (a). As has already been observed all the averments made
by the plaintiff in his plaint are deemed to have been duly
admitted by the defendant since the defendant has failed to
apply for leave to defend. Even otherwise, the claim of the
plaintiff is duly supported by documents and the same has been
reaffirmed by the plaintiff in affidavit in support of her
application seeking issuance of summons for judgment against
CS No. 661/13
Mamta Vs. K. Moorthy
Judgment dated 04.04.2015 Page no. 6 of 7
the defendant.
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