This appeal is directed against the judgment and decree dated 8-62004 whereby the suit filed by the respondent -Bank was decreed in the amount of Rs.4,67,422. The appellant was served through notice in dailies "Dawn" and "Front" on 5-5-2004 while application for leave to defend was submitted on 7-6-2004. The said application was dismissed as barred by time because the period of 30 days was available to seek leave to defend from the date of service i.e. 5-5-2004 but it was filed on 33rd day. An application seeking condonation of delay was not either filed.
2. Learned counsel for the appellants submits that notice was, in fact, received by the appellants on 20-5-2004 and from the said date the application for leave to defend filed by the appellant was within the prescribed period of 30 days. Irrespective of this contention according to section 10(2), C.P.C. the period of 30 days is to be counted from the date of first service by anyone of the modes which includes notice in the newspaper.
3. The contention that the notice was received by the appellants on 20-5-2004 it is not supported by the record. According to the report dated 6-5-2004 of the process server on the summons, the appellants were not available and, therefore, service was effected through affixation.
Acknowledgement receipts (undated) are on the record. Perusal thereof shows the signatures of both the appellants thereon. The date of dispatch of the registered notices was 30-4-2004. We are not inclined to believe that it has taken 20-days to reach the appellants. We do not find any illegality in the impugned judgment and decree to warrant interference. This appeal is dismissed.