- (1.) This writ petition has been submitted by the defendantpetitioners against the order dated 25.02.2006 (Annex.7) passed by the Addl. District Judge (Fast Track) No.2, Udaipur refusing their application under Order 37 Rule 4 of the Code of Civil Procedure (CPC).
(2.) Briefly put, the facts relevant for determination of the questions involved in this writ petition are that the respondent No.1 has filed a suit against the defendant-petitioners under Order 37 CPC for recovery of an amount of Rs.1,10,000/- and interest on the principal amount due. According to the plaint averments, there was a business relationship between the parties where the plaintiff allegedly leased out a road-roller to the defendant No.1 and the rent of the said road-roller from the month of September 2003 to May 2004 was due in the defendant No.1 to the tune of Rs.1,10,000/-; and in discharge of that liability, the defendant No.1 had written cheque No.413546 dated 31.12.2004 on Allahabad Bank, Sector No.13 in his account No.1282 and it was also agreed by the defendant No.2 that if the amount would not be received by the plaintiff, the house belonging to the defendant No.2 could be put to sale by the plaintiff for recovery of his due amount.
(3.) Summonses were issued on 17.08.2005 as contemplated by Rule 2 of Order 37 in the name of petitioners, at the address of their place of residence, calling upon them to enter appearance within ten days of service of summons; and as per the report of the process server, summonses meant for both the defendants, the present petitioners, were offered to the defendant No.2 who was found at the given address and on her refusal to accept, the same were affixed at the house in the presence of two witnesses, Harpreet Singh and Bhanwar Lal on 24.08.2005.;