S. K. Agarwal, J. (Oral)

( 1 ) THE plaintiff filed a suit for the recover of Rs, 5,51,071. 00 against the defendant under Order 37 of the Code of Civil Procedure, 1908 (for short the CPC ). On 19th August, 1999. 00 , summons on the prescribed form under Order 37 of the Civil Procedure Code for service on the defendant were issued for 1st December, 1999. The defendant was served with the summons on 16 September, 1999, whereby he was informed that he has been summoned to cause appearance to be entered within ten days from the service thereof; in default whereof the plaintiff would be entitled to obtain a decree for the suit amount after the expiration of the said period and that after he enters appearance, the plaintiff would thereafter serve summons for judgment at the hearing of which defendant would be entitled to move the court for leave to defend the suit on merits. In this case, however, instead of entering appearance within the period of ten days on 15/10/1999 defendant filed an application under Order 37 Rule 3 read with Section 151 of the Civil Procedure Code seeking leave to appear and defend the suit along with an application under Order 37 Rule 3 (7) of the Civil Procedure

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