B. C. CHAKRABARTI, J . :- These two revisional applications, both at the instance of the defendant of Com. Suit No.510 of 1979 of the City Civil Court, are directed against two Orders dated Jan.11, 1980 and September 23, 1981.

2. The plaintiff opposite party instituted the above suit for recovery of price of goods sold and delivered together with interest, under O.37, C.P.C. The learned Registrar of that court being not certain whether such a suit could be instituted under O.37, placed the matter before the Bench for orders. The court by its order dated January 11, 1980, held that the unpaid price of goods sold is in the nature of a debt and the liability arises out of an enactment, viz., the Sale of Goods Act. Hence, in view of the amended provisions of O.37 it was held that the suit came within the preview of that order.

3. Thereafter the summary procedure for suits under O.37 was adopted and the summons having been served, the defendant petitioner entered appearance and filed an application under sub-rule (5), R.3, O.37 praying for leave to defend the suit unconditionally. The defendant claimed in the said application that the plaintiffs claim was fictitious and that t