Dear Sir,
I have filed a Summary Suit Under Order 37 CPC for Recovery of Money against two Defendants payable jointly as well severally,
1. Defendant No 1 appeared and filed Memo of Appearance + LTOD on time
2. Defendant No 2 appeared but did not file LTOD
Court is of the View that in that case suit shall be decreed against D-2, but raised the following question
Can Suit be decreed against Defendant No 2 only ignoring D-1
If LTOD of D1 is allowed then can D2 get the chance to file WS as well
Any judgment shall be helpful , please assist friend.
With Regards
Uday Kumar