Case Note & Summary
The plaintiff, M/s. NRP Entertainment & Network Pvt. Ltd., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant, M/s. Mannan Films & Others, seeking recovery of a liquidated sum of Rs. 1,16,80,000 with interest at 21% per annum. The claim was based on a written contract/agreement dated 23rd May, 2012, executed between the plaintiff and defendant No. 1. The plaintiff served the writ of summons on defendant No. 1 through the Sheriff of Mumbai by Registered Post A.D., which was received on 18th July, 2014. Despite service, defendant No. 1 failed to appear either in person or through an advocate. The court noted that no relief was sought against defendant Nos. 2 to 5. The plaintiff filed original documents which were taken on record. The court, relying on sub-rule (3) of Rule 2 of Order XXXVII, held that the plaintiff was forthwith entitled to an ex parte decree. The court decreed that defendant No. 1 pay Rs. 1,16,80,000 with interest at 18% per annum from the date of filing of the suit till realization, along with costs of the suit. The plaintiff was also entitled to refund of court fee as per rules. The suit was disposed of accordingly.
Headnote
A) Civil Procedure - Summary Suit - Ex Parte Decree - Order XXXVII Rule 2(3) CPC, 1908 - Plaintiff filed summary suit for recovery of Rs. 1,16,80,000 based on a written contract dated 23rd May, 2012 - Defendant served but failed to appear - Court held that plaintiff is forthwith entitled to ex parte decree under sub-rule (3) of Rule 2 of Order XXXVII - Decree granted with interest at 18% per annum from date of suit till realization (Paras 1-6).
Issue of Consideration
Whether the plaintiff is entitled to an ex parte decree under Order XXXVII of the Code of Civil Procedure, 1908, when the defendant fails to appear despite service of summons.
Final Decision
The court decreed that Defendant No. 1 pay the plaintiff Rs. 1,16,80,000 with interest at 18% per annum from the date of filing of the suit till realization, along with costs of the suit. The plaintiff is entitled to refund of court fee as per rules. The suit is disposed of.
Law Points
- Summary suit under Order XXXVII CPC
- ex parte decree for liquidated sum
- written contract
- service of summons
- failure to appear
