( 1 ) A short but important question about the interpretation of the provisions of Order XXXVII of the Civil Procedure Code (for short called the Code arises in this civil revision under Section 115 of the Code directed against the order of the learned Trial Court dated 12. 1. 2001 thereby dismissing an application under order XXXVII Rule 4 read with Section 151 of the Code moved on behalf of the defendant petitioner herein for setting aside the decree dated 28. 7. 1999 passed in a summary suit filed by the plaintiff-respondent for the recovery of Rs. 40,700/ -.

( 2 ) THE relevant facts which may be noticed for the purpose of the disposal of the present petition are that the respondent-plaintiff had filed a suit under Order xxxvii of the Code for recovery of Rs. 40,700/- along with interest and costs and summons for appearance was issued and the defendant entered his appearance. The suit was registered as a summary suit. Later summons for judgment were served on 9. 3. 1999. Counsel for the defendant represented to the Court that he had received only copy of the plaint along with summons for judgment but no affidavit as required and referred to in Form No. 4a of App