( 1 ) THIS revision is directed against the order dated 18. 10. 1996 whereby learned Additional district Judge rejected the petitioner s application under OR. 37r. 4 CPC seeking reversal of the ex parte judgment and decree dated 16. 11. 1995.

BRIEFLY stated facts leading to this case are that in May 1994 respondent Lakhi Ram filed a suit under the provisions of O. 37 CPC for recovery of rs. 4,12,600/- on the basis of loan agreement dated 24. 3. 1994 alleged to have been executed by petitioner/ defendant herein along with application under O. 39 Rule 1 and 2 for grant of exparte ad interim injunction restraining the defendant/ petitioner from selling, mortgaging or otherwise alienating the property bearing no. 661-1-B and 1-C situated at Ghati Road, Anand Parvat, new Delhi during the pendency of the suit. A perusal of the order sheet reveals that when the case was taken up on 31. 5. 1994, Court ordered issuance of notice of the application to the defendant for 28. 6. 1994. There was no order for issuance of summons in the suit. When the case was taken up on 28. 6. 1994, the court ordered issuance of summons of the suit under Order 37 CPC as also notice of the applicatio