NEPA LIMITED Vs. MEDIA ASIA PRIVATE LIMITED

JUDGEMENT

(1.) The short question calling for determination is whether filing of attorney by the counsel amounts to entering appearance as contemplated under sub-rule(1) of Rule 3 of Order 37 of Code of Civil Procedure. Admittedly, the power of attorney was filed on 30/8/2000. As per report of the Registrar the summons of the suit were served upon the defenant on 23/10/2000 though in the past several process were issued but were received unserved.

(2.) Sub-rule (1) of Rule 3 of Order 37 reads as under: 3, (1) In a suit to which this Order applies, the plaintiff shall, together with the summons under rule 2, serve on the defendant a copy of the plaint and annexures thereto and the defendant may, at any time within ten days of such service, enter an appearance either person or by pleader and, in either case, he shall file in court an adress for service of notices on him.

(3.) Another relevant provision is Sub-rule (3) of Rule 3 which reads as follows :- (3) On the day of entering the appearance, notice of such appearance shall be given by the defendant to the plaintiff's pleader, or, if the plaintiff sues in person, to the plaintiff himself, either by notice delivered at or sent by a prepaid letter directed to the address of the plaintiff's pleader or of the plaintiff, as the case may be.