( 1 ) THIS order shall govern the disposal of an application (IA 931/96), filed on behalf of the defendants 1,2,3 and 5 under Order XXXVII Rule 3 (7) of the Code of Civil Procedure, 1908 (hereinafter referred to as `the CPC ) seeking condonation of delay in filing the application for leave to defend the suit.

( 2 ) THE facts relevant for the disposal of the above mentioned application lie in a narrow compass. The plaintiff M/s. Nirayu Private Limited, through its constituted attorney Shri Kamal Kumar has filed a suit (Suit No. 2815/94) for the recovery of Rs. 14,63,438. 58 against the defendants under Order XXXVII, CPC. After the service of the summons of the suit in Form No. 4, Appendix-B, CPC, the plaintiff filed an application [ia 9761/95] for issue of summons for judgment on the defendants. The above said application came up for hearing before the learned Predecessor of this Court on 17. 10. 95 and the learned Predecessor of this Court vide order dated 17. 10. 95 directed that summons for judgment be served on the defendants on plaintiff s filing the process fee, for 9. 1. 1996.

( 3 ) DEFENDANTS 1,2,3, and 5 (hereinafter referred to as `the applicants ) hav