JUDGMENT

S.R. Das, J. - This is an application for revocation of the leave granted to the plaintiff under Cl. 12 of the Letters Patent to institute this suit in this Court.

2. This suit was filed with leave of this Court, on 17th April 1944, by an assignee of a claim founded on account stated in writing. The writ of summons was served on the defendants in or about the first week of May 1944 at Bhiwani where they ordinarily reside. Two of the defendants who are the applicants before me have entered appearance and the rest of the defendants have not done so. On 5th June 1944 i.e., before the time to file their written statement expired the applicants took out the present summons.

3. That this Court has jurisdiction in a proper case, to revoke the leave has not been questioned by Mr. P.C. Ghose who appears for the plaintiff. The main and indeed the sole controversy has centred round one question namely under what circumstances and on what grounds ought the Court to accede to such an application. I am indeed, grateful to Learned Counsel on both sides for the very great assistance they have given me in deciding this question.

4. The first ground urged by Mr. Khaitan was that in reality no p