R.S.A.No. 4353of 2009 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh R.S.A.No. 4353of 2009 (O&M) Date of decision: 7.12.2009 Dorothy Massey ......Appellant Versus M/s Sahni Finance and Leasing Company .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Naveen Malik, Advocate, for the appellant. **** SABINA, J. Plaintiff -respondent filed a suit for recovery, which was decreed by the Civil Judge (Jr.Divn.), Chandigarh vide judgment and decree dated 9.1.2009. In appeal, the said judgment and decree were upheld by the Additional District Judge, Chandigarh vide judgment and decree dated 10.8.2009. Hence, the present appeal by the defendant. Brief facts of the case, as noticed by the lower appellate Court in para No2 of its judgment, are as under:- “ The facts in brief leading to this appeal are R.S.A.No. 4353of 2009 (O&M) 2 that respondent-plaintiff filed a suit for recovery of the suit amount, under the provisions of Order 37 CPC by alleging that respondent-plaintiff being a proprietorship firm, advanced a loan of Rs.60,000/- for the personal need of appellant defendant, for which promissory note and receipt were executed on 15.8.2007 in favour of the respondent-plaintiff and as per the mutual understanding the defendant was to pay back the entire loan amount within a period of one year of its advancement along with agreed interest at the rate of 25% per month. The appellant defendant did not pay even a single penny and as such the balance outstanding amount of Rs.74,950/- (Rs. 60,000/- as principal and Rs.14,400/- as interest) become due towards the appellant defendant. Inspite of giving reminder and notice dated 12.7.2008, the appellant defendant failed to pay the outstanding amount.” After hearing learned counsel for the appellant, I am of the opinion that the present appeal deserves to be dismissed. Plaintiff M/s Sahni Finance and Leasing Company had filed a suit for recovery against defendant-appellant under Order XXXVII of the Code of Civil Procedure ('CPC for short) on the basis of receipt and promissory note dated 15.8.2007. Notice was issued to the appellant-defendant under the provision of Order XXXVII. The summons were issued to the appellant on the prescribed form, R.S.A.No. 4353of 2009 (O&M) 3 calling upon him to cause appearance within ten days of such service and file in the Court an address for service of notice on him. The appellant had received the notice on 6.11.2008. The date fixed before the trial Court was 10.11.2008. However, the appellant failed to appear in the Court for the date fixed or within ten days of the receipt of the notice as required under Order XXXVII Rule 3 CPC. Ex parte proceedings were ordered against the plaintiff and the case was adjourned to 9.1.2009. Even on the said date, the appellant failed to avail the opportunity by appearing before the trial Court. Thus, the appellant had failed to appear before the trial Court and seek permission to defend the suit after explaining delay etc. under Order XXXVII rule 3 (v) CPC. In these circumstances, the Courts below had rightly decreed the suit of the plaintiff as the appellant had failed to contest the same. No substantial question of law arises in this regular second appeal. Accordingly, the same is dismissed. (SABINA) JUDGE December 07, 2009 anita