Ms. Usha Mehra, J.

( 1 ) BY this revision, Mr. Arun Berry, revisionisthas assailed the order of Commercial Sub-Judge, Delhi, dated Jan. 6 1979,on the ground that the Court below passed the impugned order by notproperly exercising its jurisdiction vested in it under the law. The impugnedorder has been passed by exercising the jurisdiction with material irregularitywhen it held that the application of the revisionist under Order 37, R. 4 CPCwas barred by time and that no sufficient. ground has been made. Therespondent herein filed a summary suit against the revisionist and two otherson 30/07/1973. Summons were issued on 31/07/1973 for 20thseptember, 1973, under Order 37 CPC. . On 20/09/1973, in theproceeding, it is recorded that respondent not served, hence fresh summonsbe issued for 24/10/1973. Case was not taken up on 24/10/1973 because 24-10-1973 was declared a holiday; hence it was taken up on 26/10/1973, on which date it is recorded respondent not served ,fresh summons for 11-12-73. On 11/12/1973, it is recorded thatrespondent served by registered cover on 7/11/1973, and since theapplication for leave to defend by the defendants has not been filed within10 days, therefore, suit

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