TIRLOK SINGH THAKUR Vs. MADAN SINGH NIRALA

JUDGEMENT

(1.) The present application has been made by the defendant, Madan Singh Nirala, under Order 37, Rule 4 read with Section 151, Code of Civil Procedure, for setting aside the decree dated 15-1-1999 passed in Civil Suit No. 83 of 1998, under Order 37, Rule 2(3), Code of Civil Procedure.

(2.) The facts giving rise to the present application are these. The plaintiff Tirlok Singh Thakur filed a suit against the defendant for the recovery of Rs. 5,33,750/- on the basis of an agreement dated 12-7-1998 under Order 37, Rule 1, Code of Civil Procedure. Summons of the suit as contemplated under Rule 2(2) of Order 37, Code of Civil Procedure dated 19-12-1998 were served on the defendant through his mother Smt. Shakuntla on 29-12-1998. In spite of having been so served, the defendant failed to put in appearance within the stipulated period of ten days. Consequently, in default of the defendant's entering appearance, the allegations in the plaint were deemed to be admitted and a decree for a sum of Rs. 5,33,750/- with costs along with interest at the rate of 18% per annum from the date of suit, that is, 30-11-1998, till the date of payment of the decretal amount was passed in favour of the plaintiff and against the defendant.

(3.) In seeking the setting aside of the decree dated 15-1-1999, the defendant has averred in paras 2 to 4 of his application as under :-