( 1 ) THIS is an application by the defendant No. 2, Georgina May Narayan for leave to enter appearance and to defend this suit filed by the plaintiff under Order XXXVII of the Code of Civil Procedure. The suit is for principal amount of Rs. 50,000/- and for interest amounting to Rs. 16,769. 98 on Hundies from the respective due dates. The claim of the plaintiff Madan Mohan Sureka for the same amount is based on five Hundies for Rs. 10,000/- each, all dated February 1, 1969. Each of the Hundies is drawn by Martin John Sarkies, partner of Bhavani Cinema, Cooch Bihar. The drawee is M. J. Sarkies and the holder is the plaintiff Madan Mohan Sureka. The drawee, the holder, the amount and the dates of the Hundies are all same.

( 2 ) IN the petition, the petitioner Georgina May Narayan has taken several points. Some are points of facts and some are points of law. She states that service of summons of the suit was made on her in her personal capacity and as such she cannot be sued under Order XXXVII of the Code of Civil Procedure. She also states that no notice of dishonour of the Hundies was given to her at all. Her case is that no sum either of Rs. 50,000/- or any part