( 1 ) THIS is an application under Order 37 Rule 4 CPC seeking setting aside of the Judgment dated 30/07/2001 whereby the suit of the plaintiff was decreed on account of the failure of the defendant to enter appearance within the period of 10 days as prescribed under Sub rule (2) of Rule 2 of Order 37 CPC.

( 2 ) IT is pertinent to mention at the outset that the application for condonation of delay in entering the apearance was dismissed vide order dated 30/07/2001. Grounds for recall or setting, aside the said order are in brief as under :-

(I) That the service upon defendant No. 1 was effected only on 3/07/2001 whereas the service with respect to defendant No. 2, as contemplated by Order 37 rule 2 CPC was also effected only on 3/07/2001 though the summons of the suit were received on 23/05/2001 by registered post and, therefore, entering of appearance on 2/07/2001 was within the prescribed period.

(II) That the dispute sought to be raised in the suit arose pursuant to the purchase agreement dated 15/03/2001 executed between the parties and since there was arbitration clause namely clause No. 27 the instant suit was barred by Section 8 of the Arbitration and conciliation