JUDGMENT - 1. This is an application in revision against an order setting aside an ex parte deciee passed in a summary suit, and the important question that arises is : whether the power of the Court to set aside a decree is limited to a case in which the defendant has failed to appear in answer to the summons for judgment or is wider?

2. Provisions relating to summary suits are contained in Order 37. Rule 1, Clause (a) provides that the order shall apply to the High Courts at Madras and Bombay and enables the High Court to apply the same to any other Court. Rule 2 Sub-rule (1) enunciates classes of suits which can be filed as Summary Suits and prey cribes the mannec of presentation of plaints. Such suits can be filed in respect of bills of exchange, hundis or promissory notes. In this state the scops of the order is widened and is applied to ail suits in which the plain-tiff seeks to recover a debt or money payable on demand, with or without interest, arising out of a contract. It is sufficient to State that the present demand of the plaintiff falls within the category of the claims in respect of which, suits can be instituted under this rule. Sub-rule (2) of that rule disables a

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