( 1 ) THIS appeal is directed against the judgment and order dated 10th April, 2003, of the Additional District Judge, Delhi in RCA No. 7/2002, whereby the learned Judge has dismissed the appeal arising out the judgment and decree dated 5th October, 2002, passed by the learned Civil Judge decreeing the suit while not allowing the appellant to lead evidence as defence had not been entered upon by the appellant within ten days of the receipt of notice under Order 37 Rule 3, CPC. "

( 2 ) THE brief facts of the case as noted by the Additional District Judge are as follows:

"the respondent/plaintiff filed a suit for recovery of Rs. 46,000/- under Order 37, CPC. That the plaintiff and the defendant had business in other dealings for the last more than 10 years. The appellant/defendant issued a cheque in his own handwriting dated 31. 5. 2000 for Rs. 40,000/- drawn on Punjab national Bank, East Patel Nagar Branch, New Delhi in favour of the plaintiff. While issuing the aforesaid cheque the defendant also gave any undertaking dated 18. 2. 2000 vide which he undertook to pay the said sum in 4 instalments of Rs. 10,000/- each starting from Feb. , 2000 to 31. 5. 2000. That the de