( 1 ) THE Civil Revision Petition is filed against the Orders of the learned Principal junior Civil Judge in I. A. No. 145 of 2000 in o. S. No. 323 of 1999, dated: 30-4-2001.

( 2 ) PETITIONER is the Defendant. Respondent filed a suit for recovery of certain sums and the suit was filed under summary Trial procedure under Order 37 of code of Civil Procedure. Petitioner filed an application in I. A. No. 145 of 2000 seeking leave of the Court to defend the case. The said application was dismissed by an Order dated 30- 4- 2001, against which the present civil Revision Petition has been filed.

( 3 ) THE learned Counsel for the petitioner submits that the Court below has not properly appreciated the purport of order 37 Rule 3 of Code of Civil Procedure and mechanically rejected the application of leave to defend the case.

( 4 ) IT is the case of the petitioner- Defendant that he never executed any pronote and that he did not know the name in whose favour and the persons, who attested (the pronote was executed,) the scribe on pronote. Therefore, in such circumstances, it becomes a triable issue. Therefore, the lower Court ought to have granted leave. He relies on the deci