Law: Banking Companies (Recovery of Loans) Rules, 1980

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Law: Civil Procedure Code (V of 1908)

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  Banking Companies (Recovery of Loans) Rules, 1980--- ----R.8---Civil Procedure Code (V of 1908), O.XXXV11, R.3---Suit in summary jurisdiction---Service of summons---Goodness of service---Court's satisfaction as to whether service by a particular mode viz. by publication, by registered post or through bailiff was good service or not, would he the deciding factor---Where from the diary of Court official it appeared that he was satisfied about service being good by all the three modes, same would he deemed to be good service. 1987 C L C 2164 and United Bank Ltd. v. Ali Habib & Co. 1988 C L C 292 ref. Civil Procedure Code (V of 1908)--- ----O.V, R.10-A---Postal service---Value of---Endorsement by a postal employee that defendant refused to take delivery of summons by Registered Post A/D, would be a prima facie proof of service of summons. Civil Procedure Code (v of 1908)--- O.XXXVII R.3---Limitation Act (IX of 1 1908), S.S---Suit in summary jurisdiction---Application for leave to defend suit filed beyond prescribed period without application for condonation of delay---Application for leave to defend suit having been filed beyond the prescribed period would not be competent-- Dismissal of such application would result in decreeing plaintiff's suit. Noorul Hassan for Plaintiff. Liaquat Merchant for Defendants. Date of hearing: 4th March. 1990. JUDGMENT C.M.A. No.3805/1987 is an application under Order 37 Rule 3, C.P.C. for leave to defend. It is not accompanied by an application under section 5 of the Limitation Act. Hence a preliminary objection has been taken to this application by Mr. Noorul Hassan,   learned counsel for the plaintiff that it is barred by limitation having been presented after 10 days of the service of summons. From the perusal of the record it appears that the summons of this suit were published in an English newspaper `MORNING NEWS' dated 10-7-1987. Simultaneously the summons were sent by Registered Post A/D to all the three defendants separately and there is the endorsement of the postman dated 26-7 1987 to the effect that the same were refused. Simultaneously the summons were also sent through Bailiff and the…