( 1 ) THIS revision under Section 115 of the Code of Civil Procedure (for short the Code ) is directed against the judgment and order dated 12th April, 1983 of the Additional District Judge, Delhi striking out the defence of the petitioner.

( 2 ) THESE are the facts. On 25th May, 1982 New Friends Co-op. House Building Society Ltd. respondent No. 1 filed a suit for recovery of Rs. 93,178,90 against Municipal Corporation of Delhi (defendant No. 1) and the petitioner/defendant No. 2 for refund of funds deposited for providing roads, services, drains in the New Friends Colony. Summons for settlement of issues were issued for 29th July, 1982 on which date again fresh summons were ordered to be issued for 9th September, 1982. Counsel for defendant No. 1 appeared. There was a report that Delhi Development Authority, defendant No. 2 had refused to accept summons. Ex parte proceedings were ordered against the petitioner/defendant No. 2 on 9th September, 1982. Written statement was ordered to be filed on 13th October, 1982. The suit was again adjourned for filing written statement by M. C. D. to 23rd November, 1982.

( 3 ) THE petitioner-defendant No. 2 made an application u